Legal Opinion
State v. Chabolla-Hinojosa
Court of Appeals of Arizona
Decided September 3, 1998No. 1 CA-CR 98-0125PublishedCited by 55 opinions
1Opinion of the Court
OPINION
NOYES, Judge.
¶ 1 Ruben Chabolla-Hinojosa (“Appellant”) and another man delivered a car that was loaded with marijuana. For this conduct, Appellant was convicted of transporting marijuana for sale, importing marijuana, and possessing marijuana for sale. In answer to an issue that arose during fundamental error review, we conclude that, when the possession for sale charge is incidental to the transportation for sale charge, the former is a lesser-included offense and the defendant cannot be convicted of both offenses. Accordingly, we affirm, as modified by vacating the conviction and…
2Cases cited21 opinions
- Penson v. OhioSupreme Court of the United States · 1988
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Benton v. MarylandSupreme Court of the United States · 1969
- State v. Villa-PerezSupreme Court of Missouri · 1992
- People v. RogersCalifornia Supreme Court · 1971
16 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- State v. RoblesCourt of Appeals of Arizona · 2006
- State v. TschilarCourt of Appeals of Arizona · 2001
- Lemke v. RayesCourt of Appeals of Arizona · 2006
- State v. SiddleCourt of Appeals of Arizona · 2002
- State v. CheramieArizona Supreme Court · 2008
50 more not listed; retrieve them via the Exa API.