STATE v. RISHER

No. 1 CA-CR 2181.

117 Ariz. 594 (1977)

574 P.2d 460

STATE of Arizona, Appellee, v. Scott Edward RISHER, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

Supplemental Opinion August 4, 1977.

Review Granted September 15, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen., by William J. Schafer III, Chief Counsel, Crim. Div., Thomas G. Bakker, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Rudy J. Gerber, Deputy Public Defender, Phoenix, for appellant.


OPINION

JACOBSON, Presiding Judge.

This case presents the novel issue of whether a defendant found guilty of an "open-end" offense (one which may either be treated as a misdemeanor or a felony, depending upon the sentence imposed, see A.R.S. § 13-103(B), as amended, (Supp. 1973)) may be placed on probation for a period of five years and still be designated as a "misdemeanant" upon successful completion of the probationary period.

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