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STATE v. HAYS

No. 2531.

109 Ariz. 123 (1973)

506 P.2d 254

STATE of Arizona, Plaintiff, v. Rutherford Sean HAYS, Defendant.

Supreme Court of Arizona, In Banc.

February 5, 1973.

Attorney(s) appearing for the Case

Moise Berger, Maricopa County Atty., by James C. Martin, Deputy County Atty., Phoenix, for plaintiff.

Donald E. Wolfram, Phoenix, for defendant.

HAYS, Chief Justice.

The Superior Court has certified to us the following question:

"Does Arizona Revised Statutes section 32-1996(C), as amended, 1970 require the Court to impose a sentence of `one (1) year to life.'?"

A.R.S. § 32-1996, subsec. C reads as follows:

"[I]f ... possession of a dangerous drug is with the intent of selling, [the possessor] shall be punished by imprisonment in the state prison for a term of one year to life...

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