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STATE v. VIRGO

No. 1 CA-CR 96-0946.

947 P.2d 923 (1997)

190 Ariz. 349

STATE of Arizona, Appellee, v. Keithel Ainsworth VIRGO, Appellant.

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

October 30, 1997.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, John Pressley Todd, Assistant Attorney General, Phoenix, for Appellee.

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

GRANT, Presiding Judge.

Keithel Ainsworth Virgo ("Defendant") appeals his convictions on two counts of Possession of Marijuana, each a class 4 felony, for which he was sentenced to two 2.5-year terms. For reasons that follow, we vacate both sentences and remand with directions to dismiss one conviction, reduce the other to a class 6 felony and sentence Defendant accordingly.

FACTS AND PROCEDURAL HISTORY

On May 13, 1996, a Department of Public Safety...

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