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STATE v. BENSON

No. 1 CA-CR 92-0864.

176 Ariz. 281 (1993)

860 P.2d 1334

STATE of Arizona, Appellee, v. Richard Lee BENSON, Jr., Appellant.

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

September 30, 1993.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Sect., Diane M. Ramsey, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Helene F. Abrams, Deputy Public Defender, Phoenix, for appellant.

OPINION

GRANT, Judge.

In this appeal, we hold that designation of a class 6 felony that has been left undesignated throughout the defendant's probationary term may not occur in the absence of actual notice to the defendant. Accordingly, we vacate the felony designation entered by the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

At his arraignment, pursuant to a written agreement, Richard Lee Benson, Jr. ("defendant"), pled guilty...

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