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Anderson v. Pima County

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eBook details

  • Title: Anderson v. Pima County
  • Author : Arizona Court of Appeals
  • Release Date : January 22, 1976
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

The first may be disposed of summarily. The petition to revoke probation alleged that appellant used a narcotic drug in violation of the law and Term 16 of the written terms and conditions of probation. The petition incorrectly, however, made reference to the terms and conditions of the first probation dated January 10, 1975, although it recited in express words and by the correct term number the condition of probation which was the basis for revocation, namely, use of a narcotic, to-wit: morphine. The terms of both the first and second probation specifically stated that the use of illegal drugs was prohibited. At the hearing the mistake came to light and the State moved to amend, which was granted. There is no question but that appellant had fair notice of the basis for revocation prior to the hearing. The incorrect reference to the first probation instead of the second by reference to the wrong date was purely technical and did not prejudice appellant. We find no error by the trial court in either granting the amendment or proceeding with the hearing.


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