STATE v. ARANA

No. CR-92-0193-PR.

173 Ariz. 370 (1992)

843 P.2d 652

STATE of Arizona, Appellee, v. Diana Kay ARANA, Appellant.

Supreme Court of Arizona, En Banc.

December 10, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Appeals, and Robert S. Golden, Asst. Atty. Gen., Phoenix, for State of Arizona.

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


OPINION

MARTONE, Justice.

We are asked to decide whether the felony assessment penalty under A.R.S. § 13-812 is applicable to defendants convicted of class 6 felonies and placed on probation with delayed designation under A.R.S. § 13-702(H). We hold that it is.

BACKGROUND

Arana was charged with theft, a class 3 felony. She pled guilty to a "Class Six Open-Ended Felony." Plea Agreement, Appendix to Opposition [to] Petition for Review...

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