No. 2 CA-CR 95-0491-PR.

184 Ariz. 631 (1996)

911 P.2d 637

The STATE of Arizona, Respondent, v. Alexander SHLIONSKY, Petitioner.

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

January 31, 1996.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Attorney by Reagen Kulseth, Tucson, for Respondent.

Law Office of Robert Hooker by Robert Hooker and Myrna Rodriguez, Tucson, for Petitioner.


DRUKE, Chief Judge.

In November 1993, petitioner Alexander Shlionsky pled guilty to attempted unlawful possession of one to eight pounds of marijuana, a class six felony. This class of felony is an "open" offense because A.R.S. § 13-702(G)1 permits the trial court to designate the offense a class six felony or a class one misdemeanor at sentencing or, as here,

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