State v. Hays

HAYS, Chief Justice.

The Superior Court has certified to us the following question:

“Does Arizona Revised Statutes section 32-1996(C), as amended, 1970 require the Court to impose a sentence of ‘one (1) year to life.’?”

A.R.S. § 32-1996, subsec. C reads as follows:

“[I]f . . . possession of a dangerous drug is with the intent of selling, [the possessor] shall be punished by imprisonment in the state prison for a term of one year to life.”

Defendant argues that A.R.S. § 32-1996, súbsec. C conflicts with A.R.S. § 13-1643, subsec. A and with Arizona cases which clearly indicate the desire of both the…