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STATE v. McCLEARY

No. 2 CA-CR 1035.

116 Ariz. 244 (1977)

568 P.2d 1142

The STATE of Arizona, Appellee, v. Donald Paul McCLEARY, Appellant.

Court of Appeals of Arizona, Division 2.

August 23, 1977.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by Philip G. Urry, Asst. Atty. Gen., Tucson, and James D. Wezelman, Certified Third Year Law Student under Rule 28(e), for appellee.

James M. Wilkes, P.C., Tucson, for appellant.

OPINION

HATHAWAY, Judge.

Appellant was found guilty by a jury of possession of heroin for sale in violation of A.R.S. §§ 36-1002.01 and 36-1002.10 as amended, and was sentenced to serve not less than five nor more than fifteen years in the Arizona State Prison. On appeal, he challenges the trial court's refusal to grant his motion to suppress.

On June 7, 1976, an officer of the Tucson Police Department spoke to an individual who apparently...

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