STATE v. DELGARITO

No. 1 CA-CR 96-0471.

938 P.2d 107 (1997)

189 Ariz. 58

STATE of Arizona, Appellee, v. Leon DELGARITO, Appellant.

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

Review Denied June 24, 1997.


Attorney(s) appearing for the Case

Grant Woods, The Attorney General by Paul J. McMurdie, Chief Counsel Criminal Appeals Section and Consuelo M. Ohanesian, Assistant Attorney General Attorneys, Phoenix, for Appellee.

H. Allen Gerhardt, Coconino County Public Defender Attorneys, Flagstaff, for Appellant.


TOCI, Judge.

Leon Delgarito ("defendant") appeals from the judgment of the trial court designating as a felony the undesignated class 6 offense to which he had pled guilty a year earlier. He asserts that the trial court erred in designating the offense without first providing him both notice and a hearing. Although the state concedes that defendant was entitled to notice and a hearing, it disputes defendant's claim that he...

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