State v. Virgo
Court of Appeals of Arizona
1Opinion of the Court
GRANT, Presiding Judge.
Keithel Ainsworth Virgo (“Defendant”) appeals his convictions on two counts of Possession of Marijuana, each a class 4 felony, for which he was sentenced to two 2.5-year terms. For reasons that follow, we vacate both sentences and remand with directions to dismiss one conviction, reduce the other to a class 6 felony and sentence Defendant accordingly.
FACTS AND PROCEDURAL HISTORY
On May 13, 1996, a Department of Public Safety officer stopped Defendant’s vehicle for a traffic violation. Defendant and a passenger consented to a search of the vehicle. The search revealed…
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