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STATE v. DOWNING

No. 1 CA-CR 90-807.

171 Ariz. 431 (1992)

831 P.2d 430

STATE of Arizona, Appellee, v. Luther Franklin DOWNING, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

May 5, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., Gerald R. Grant, Asst. Atty. Gen., Phoenix, for appellee.

Michael J. Burke, La Paz County Public Defender, Parker, for appellant.

OPINION

ALLEN G. MINKER, Superior Court Judge.

Luther Franklin Downing appeals his convictions and sentences for possession of dangerous drugs for sale, a class 3 felony, and possession of dangerous drugs, a class 4 felony. Defendant was found guilty by a jury and subsequently sentenced to concurrent, mitigated terms of imprisonment of 3.75 years and 2 years, respectively. Timely notice of appeal was filed.

FACTS

At approximately 9:30 p.m...

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