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STATE v. CABANAS-SALGADO

No. 1 CA-CR 02-0456.

92 P.3d 421 (2003)

208 Ariz. 195

STATE of Arizona, Appellee, v. Oberlin CABANAS-SALGADO, Appellant.

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

Review Denied May 25, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General, By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Robert W. Doyle, Phoenix, Attorney for Appellant.

OPINION

GEMMILL, Judge.

¶ 1 We hold that the State, in a felony murder prosecution based on the underlying felony of transportation of cocaine for sale, does not have to prove that the defendant knew that the amount of cocaine being transported exceeded the statutory threshold amount.

¶ 2 Defendant Oberlin Cabanas-Salgado was convicted of first degree felony murder, conspiracy to transport a narcotic drug (cocaine) for sale, transportation...

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