State v. Padilla

OPINION

EHRLICH, Judge.

Manuel Ignacio Padilla appeals from his conviction for knowingly offering to sell cocaine, and from the sentence imposed. Padilla contends that his conviction cannot stand because his conduct, which consisted solely of speech, is protected by the First Amendment to the United States Constitution and Article 2, Section 6 of the Arizona Constitution. He also claims that the sentence imposed is unconstitutional, arguing that because an offer to sell cocaine is punished to the same extent as an actual sale of cocaine, the sentence is disproportionate to the crime in…