OPINION
DRUKE, Chief Judge.
¶ 1 Petitioner pled guilty to one count of attempted aggravated assault with a dangerous instrument, a nondangerous, nonrepetitive, class four felony. The trial court sentenced him to a maximum prison term of 3.75 years pursuant to A.R.S. § 13-702.01(A)(3). The statute provides that, "if a person is convicted of a [class four] felony without having previously been convicted of any felony and if the court finds...
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