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STATE v. CHERAMIE

No. CR-08-0001-PR.

189 P.3d 374 (2008)

STATE of Arizona, Appellee, v. Enis John CHERAMIE, III, Appellant.

Supreme Court of Arizona, En Banc.

July 29, 2008.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Phoenix, Joseph L. Parkhurst, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Robert J. Hirsh, Pima County Public Defender by Michael J. Miller, Deputy Public Defender, Tucson, Attorneys for Enis John Cheramie, III.

OPINION

BERCH, Vice Chief Justice.

¶ 1 We have been asked to decide whether possession of a dangerous drug under Arizona Revised Statutes ("A.R.S.") section 13-3407(A)(1) (2001)1 is a lesser-included offense of transportation for sale of a dangerous drug under § 13-3407(A)(7). We hold that it is.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 On June 8, 2005, a police officer stopped Enis John Cheramie for...

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