STATE v. GARIBALDI

No. 2 CA-CR 89-0390.

166 Ariz. 331 (1990)

802 P.2d 1030

The STATE of Arizona, Appellee, v. Dennis Machorro GARIBALDI, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Petition for Review Denied January 8, 1991.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica Gifford Funkhouser and Crane McClennen, Phoenix, for appellee.

Susan A. Kettlewell, Pima County Public Defender by Rebecca A. McLean, Tucson, for appellant.


OPINION

HOWARD, Judge.

Pursuant to a plea agreement, appellant pled guilty to two class 6 open-ended counts resulting from abuse of his four-year-old son and his wife's seven-year-old son. Appellant was placed on probation for three years. Numerous conditions were imposed including the payment of $180 per month child support for appellant's son. At sentencing, defense counsel argued that the court was without jurisdiction to order child support as a probation...

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