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STATE v. COTA

No. CR-97-0105-PR.

956 P.2d 507 (1998)

191 Ariz. 380

STATE of Arizona, Appellee, v. Santiago Fimbres COTA, Appellant.

Supreme Court of Arizona, En Banc.

April 8, 1998.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Consuelo M. Ohanesian, Assistant Attorney General, Phoenix, for the State of Arizona.

Susan A. Kettlewell, Pima County Public Defender by Frank P. Leto, Deputy Pima County Public Defender, Tucson, for Santiago Fimbres Cota.

OPINION

MARTONE, Justice.

¶ 1 A jury found Cota guilty of unlawful transfer of marijuana, a class three felony. We reverse because a transferee cannot transfer to himself or herself.

I.

¶ 2 This is a drug case. Police saw Santiago Cota and Kevin Loomer talking on a street corner in Tucson. Cota walked across the street into De Anza Park while Loomer waited behind. Police watched as Cota approached Ronda Shulark. Cota handed Shulark...

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