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McKELLAR v. ARIZ. STATE DEPT. OF CORRECTIONS

No. 12954.

115 Ariz. 591 (1977)

566 P.2d 1337

Kenneth McKELLAR, Appellant, v. ARIZONA STATE DEPARTMENT OF CORRECTIONS, Appellee.

Supreme Court of Arizona, En Banc.

July 14, 1977.

Attorney(s) appearing for the Case

William C. Porter, Kingman, for appellant.

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III, and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

HAYS, Justice.

Appellant Kenneth McKellar appeals from the denial of the Mohave County Superior Court to issue him a writ of habeas corpus. We affirm that denial.

On April 2, 1973, appellant pled guilty to a violation of A.R.S. § 36-1002.02, sale of heroin, the penalty for which is (for a first offense):

"... imprisonment in the state prison from five years to life, and shall not be eligible for release... on parole or any other basis until he...

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