State v. Cheramie

OPINION

BERCH, Vice Chief Justice.

¶ 1 We have been asked to decide whether possession of a dangerous drug under Arizona Revised Statutes (“A.R.S.”) section 13-3407(A)(1) (2001) 1 is a lesser-included offense of transportation for sale of a dangerous drug under § 13-3407(A)(7). We hold that it is.

I. FACTS AND PROCEDURAL HISTORY

¶2 On June 8, 2005, a police officer stopped Enis John Cheramie for a civil traffic violation. Cheramie, the sole occupant of the vehicle, was arrested for unrelated criminal offenses. Officers searched Cheramie’s vehicle and discovered several hundred dollars in the…