(DOWNLOAD) "State V. Sweet" by Arizona Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Sweet
- Author : Arizona Supreme Court
- Release Date : January 16, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The defendant Donald Michael Sweet was tried and convicted of unlawful possession of marijuana for sale (a class 4 felony) and of unlawful possession of a narcotic drug (cocaine) valued at more than $250 for sale (a class 2 felony). The trial court found that the allegation of a prior conviction was true and that the defendant was on probation at the time of commission of the instant felonies. The defendant was sentenced pursuant to the mandate of A.R.S. § 13-604.01 to the presumptive term authorized for the offenses: 2.25 years for the marijuana charge and 10.5 years for the cocaine charge. The sentences were to run concurrent to each other and consecutively with a 1.5 year sentence which had been imposed after revocation of probation for the prior offense. On appeal, the defendant's conviction and sentence were affirmed by the Court of Appeals. State v. Sweet, 143 Ariz. 289, 693 P.2d 944 (App.1984). Defendant sought review by this court. We accepted review to consider the single issue whether the trial court erred in applying the provisions of A.R.S. § 13-604.01 in this case. Only that portion of the Court of Appeals' opinion which deals with that issue is vacated.