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STATE v. BELCHER

No. 2 CA-CR 3576.

146 Ariz. 380 (1985)

706 P.2d 392

The STATE of Arizona, Appellee, v. Blair Kennedy BELCHER, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied September 17, 1985.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Greg A. McCarthy, Phoenix, for appellee.

D. Jesse Smith, Tucson, for appellant.

OPINION

FERNANDEZ, Judge.

Appellant was found guilty by a jury of possession of marijuana. He admitted a prior conviction and the fact that he was on probation at the time of the commission of the instant offense. He failed to appear for sentencing and was sentenced in absentia to 2.25 years in the Department of Corrections. The next day the sentence was vacated, and a bench warrant was issued in light of the ruling in State v. Fettis,

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