STATE v. ESCALANTE

No. 1 CA-CR 8743.

148 Ariz. 298 (1986)

714 P.2d 468

STATE of Arizona, Appellee, v. Miguel ESCALANTE, Appellant.

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

January 23, 1986.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div. and Joseph T. Maziarz, Asst. Atty. Gen., Phoenix, for appellee.

Miranda & Miranda, P.A. by Jesse R. Miranda, Phoenix, for appellant.


OPINION

GREER, Presiding Judge.

The central issue presented for our determination is whether A.R.S. § 13-3406(B)(2) effectively eliminates probation as a sentencing alternative if the defendant has been convicted of a prior felony offense even though the prior offense has not been alleged by the state. We hold that probation is available under the statute unless a prior offense has been alleged by the state, and dispose of the remaining issues raised...

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