State v. Arce

UDALL, Justice:

Defendant, Adolph Moreno Arce, was convicted by a jury on two counts: (1) possession of heroin [A.R.S. § 36-1002]; and (2) possession of heroin for sale [A.R.S. § 36-1002.01]. He was sentenced to a prison term of not less than five nor more than seven years on each count; the sentences were ordered to run concurrently. From the conviction and sentence defendant appeals.

For the reasons advanced below, the judgment of the trial court is affirmed as to the second count (possession for sale) and reversed as to the first count (possession). Inasmuch as the two sentences were the…