STATE v. SCOTT

No. 1 CA-CR 95-0101.

186 Ariz. 503 (1996)

924 P.2d 507

STATE of Arizona, Appellee, v. Melvin SCOTT, Appellant.

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

As Corrected June 13, 1996.

Review Granted September 24, 1996.

Review Denied as Improvidently Granted December 6, 1996.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Ginger Jarvis, Assistant Attorney General, Phoenix, for Appellee.

H. Allen Gerhardt, Coconino County Public Defender, Flagstaff, for Appellant.


OPINION

THOMPSON, Judge.

Melvin Scott (defendant) appeals his convictions and sentences imposed for two counts of sale of a narcotic drug. He raises the issue whether the trial court erred in denying him probation without a finding by the jury on the "threshold amount" of drugs sold. Because we conclude that the trial court had the authority to determine "threshold amount," we affirm.

FACTS

On February 17, 1994, defendant was indicted...

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