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STATE v. SOTOMAYOR

Nos. 2 CA-CR 3386, 2 CA-CR 4400-3PR.

153 Ariz. 313 (1986)

736 P.2d 796

The STATE of Arizona, Appellee/Respondent, v. Eduardo G. SOTOMAYOR, Appellant/Petitioner.

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

September 26, 1986.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Barbara A. Jarrett, Phoenix, for appellee/respondent.

Law Offices of Walter B. Nash III, P.C. by Yvonne Ayers, Tucson, for appellant/petitioner.

OPINION

FERNANDEZ, Judge.

We find a double punishment violation in this case and reverse. Appellant pled guilty to sale of a narcotic drug (cocaine) with a potential penalty of five years to life imprisonment (if prison time was given, a minimum of five years was mandated under the applicable statute) and to conspiracy to sell a narcotic drug (cocaine) with a potential punishment of one to four years' imprisonment.

On December 10, 1975, appellant was...

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