STATE v. BAUM

No. 1 CA-CR 93-0557.

182 Ariz. 138 (1995)

893 P.2d 1301

STATE of Arizona, Appellee, v. Damon Craig BAUM, Appellant.

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

April 25, 1995.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Robert S. Golden, Asst. Atty. Gen., Phoenix, for appellee.

Law Offices of Wendy F. White, P.C. by Denise E. Shay, Flagstaff, for appellant.


OPINION

FIDEL, Presiding Judge.

This appeal presents the question whether a trial court may impose a maximum aggravated sentence as a predetermined consequence of violating probation. We hold that the trial court abused its sentencing discretion by punishing defendant for his probationary breaches rather than his crime.

FACTS AND PROCEDURAL HISTORY

In May 1989 defendant pled guilty to knowingly possessing marijuana for sale, a class 4 felony...

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