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STATE v. RISHER

No. 3999-PR.

117 Ariz. 587 (1978)

574 P.2d 453

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

Supreme Court of Arizona, In Banc.

January 9, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III and 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.

CAMERON, Chief Justice.

Pursuant to Rule 31.19, Rules of Criminal Procedure, 17 A.R.S., we granted the State's petition for review to determine one issue, that is, whether a defendant found guilty of an "open-end" offense (one which may be treated either as a misdemeanor or a felony depending upon the sentence imposed), may be placed on probation for a longer period of time than the maximum sentence for a misdemeanor and still have the offense designated as a misdemeanor...

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