State v. Dungan

OPINION

HATHAWAY, Presiding Judge.

In this appeal, appellant contests his conviction for possession of dangerous drugs for sale. Appellant argues he was indicted and tried under a statute that was not in effect at the time of his indictment and that procedural improprieties occurred during both his arrest and trial. We affirm the conviction but remand for resentencing.

Appellant was arrested at “Paul’s Place,” a tavern in Miami, Arizona, on August 4, 1981. The Gila County Sheriff’s office had obtained a search warrant for William Stolze, who was in the tavern at the same time as appellant. The…