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STATE v. MORRISON

No. 1 CA-CR 93-0622.

181 Ariz. 279 (1995)

889 P.2d 637

STATE of Arizona, Appellee, v. Leroy Floyd MORRISON, Appellant.

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

February 7, 1995.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Greg A. McCarthy, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, for appellant.

OPINION

WEISBERG, Judge.

Leroy Floyd Morrison ("defendant") appeals his sentence upon conviction for possession of narcotic drugs and possession of drug paraphernalia. Because we find that the trial court erred in denying defendant's motion to strike the state's allegation of a prior federal conviction, we reverse and remand for resentencing.

FACTUAL AND PROCEDURAL HISTORY

Defendant was charged with one count of possession of...

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