FOSTER v. IRWIN

No. CV-99-0002-PR.

995 P.2d 272 (2000)

196 Ariz. 230

Daniel Alex FOSTER, Petitioner. v. The Honorable Michael IRWIN, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF LA PAZ, Respondent Judge, R. Glenn Buckelew, La Paz County Attorney, Real Party in Interest.

Supreme Court of Arizona, En Banc.

February 29, 2000.


Attorney(s) appearing for the Case

Michael J. Burke, La Paz County Public Defender, Parker, Attorney for Petitioner.

R. Glenn Buckelew, La Paz County Attorney By Martin E. Brannan, Parker, Attorneys for Real Party in Interest.


OPINION

FELDMAN, Justice.

¶ 1 We granted review to determine whether a defendant convicted of possession of drugs for personal use is ineligible for mandatory probation under A.R.S. § 13-901.01 either because of a prior non-violent, non-drug-related felony conviction or because the trial judge believed that the defendant actually possessed the drugs for sale. We hold that the trial judge erred in sentencing the defendant to prison. We thus remand...

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