STATE v. VALENZUELA

No. 2422.

109 Ariz. 109 (1973)

506 P.2d 240

STATE of Arizona, Appellee, v. Jack S. VALENZUELA, Appellant.

Supreme Court of Arizona, In Banc.

February 20, 1973.


Attorney(s) appearing for the Case

Gary K. Nelson, Atty. Gen., by William P. Dixon, Asst. Atty. Gen., Phoenix, for appellee.

J. Douglas McVay, Phoenix, for appellant.


HAYS, Chief Justice.

Defendant, Jack S. Valenzuela, was convicted of possession of heroin, with a prior conviction, to both of which charges he had pleaded not guilty. The finding of guilty of the charge of possession of heroin was the result of a jury trial, and no errors in that trial are claimed by defendant.

The finding of guilty of a prior conviction was the result of a finding by the trial judge, without a trial, and it is this finding of which defendant...

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