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GRAY v. IRWIN

No. 1 CA-SA 98-0325.

987 P.2d 759 (1999)

195 Ariz. 273

Robert Ray GRAY, Petitioner, v. The Honorable Michael IRWIN, Judge of the Superior Court of the State of Arizona, in and for the County of La Paz, Respondent Judge, Glen Buckelew, La Paz County Attorney, Real Party in Interest.

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

Review Denied October 26, 1999.

Attorney(s) appearing for the Case

R. Glenn Buckelew, La Paz County Attorney by Martin Brannan, Deputy County Attorney, Parker, Attorneys for Respondent.

Michael J. Burke, La Paz County Public Defender by Fred H. Welch, Deputy Public Defender, Parker, Attorneys for Petitioner.

OPINION

BERCH, Judge.

¶ 1 Petitioner Robert Ray Gray seeks special action relief from a sentence of two and one-half years in prison for his second conviction for possession of dangerous drugs. Gray argues that he is subject to the sentencing provisions of Arizona Revised Statutes Annotated ("A.R.S.") section 13-901.01 (Supp.1998), and therefore cannot be sentenced to prison. We accept jurisdiction of this special action and grant relief.

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