State v. Scott

OPINION

THOMPSON, Judge.

Melvin Scott (defendant) appeals his convictions and sentences imposed for two counts of sale of a narcotic drug. He raises the issue whether the trial court erred in denying him probation without a finding by the jury on the “threshold amount” of drugs sold. Because ,we conclude that the trial court had the authority to determine “threshold amount,” we affirm.

FACTS

On February 17, 1994, defendant was indicted for three counts of sale of a narcotic drug, class two felonies in violation of Ariz. Rev.Stat.Ann. (AR.S.) § 13-3408. The indictment alleged that all three counts…