STATE v. DYKES

No. 1 CA-CR 88-1248.

163 Ariz. 581 (1990)

789 P.2d 1082

STATE of Arizona, Appellee, v. Dina Opal DYKES, Appellant.

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

March 29, 1990.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., and Robert S. Golden, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, for appellant.


OPINION

LANKFORD, Judge.

The defendant, Dina Opal Dykes, was convicted after a jury trial of possession of a dangerous drug, a class four felony. A.R.S. § 13-3407(B)(1). This statute also authorizes trial judges to designate a conviction for this offense as a class 1 misdemeanor. The punishment for a class four felony is, of course, more severe than for a class 1 misdemeanor. See A.R.S. §§ 13-701, 707.

However, the trial judge may apply...

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