STATE v. BENALLY

No. 1 CA-CR 6608.

137 Ariz. 253 (1983)

669 P.2d 1030

STATE of Arizona, Appellee, v. Emil BENALLY, Jr., Appellant.

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

Rehearing Denied August 29, 1983.

Review Denied September 27, 1983.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Crane McClennen, Asst. Atty. Gen., Phoenix, for appellee.

Aspey, Watkins & Diesel, by Bruce S. Griffen, Flagstaff, for appellant.


OPINION

EUBANK, Judge.

Pursuant to a plea agreement, appellant pled guilty to the crime of driving under the influence of intoxicating liquor while on a revoked operator's license in violation of A.R.S. § 28-692.02, a class five felony. The trial judge suspended his sentence and placed appellant on probation for one year on condition that he spend six months "in prison" as is required by A.R.S. § 28-692.02(A), infra. He appeals from the suspended...

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