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STATE v. VARGAS-BURGOS

No. 2 CA-CR 88-0634.

162 Ariz. 325 (1989)

783 P.2d 264

The STATE of Arizona, Appellant, v. Hector Ivan VARGAS-BURGOS, Appellee.

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

November 7, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Eric J. Olsson, Tucson, for appellant.

Law Offices of James S. Alexander by James S. Alexander, Tucson, for appellee.

OPINION

HOWARD, Judge.

The state cross-appeals from the sentence imposed by the trial court after appellee pled no contest to unlawful possession of marijuana, a class 4 felony. Appellee, the defendant below, voluntarily moved to dismiss his direct appeal. We remand this matter for resentencing.

Appellee was charged with unlawful possession of marijuana for sale, a class 3 felony, in violation of A.R.S. ...

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