STATE v. TOUSIGNANT

No. 1 CA-CR 01-0418.

43 P.3d 218 (2002)

202 Ariz. 270

STATE of Arizona, Appellant, v. Dean Thomas TOUSIGNANT, Appellee.

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

April 9, 2002.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney, By Diane Gunnels Rowley, Deputy County Attorney, Phoenix, Attorneys for Appellant.

James J. Haas, Maricopa County Public Defender, By Charles R. Krull, Deputy Public Defender, Phoenix, Attorneys for Appellee.


OPINION

GEMMILL, Judge.

¶ 1 May a defendant who has violated his probation under Proposition 200 then choose to reject any further probation? We hold, in accordance with Arizona Revised Statutes ("A.R.S.") § 13-901.01(E)(2001), that such a defendant cannot reject probation and the trial court must continue the defendant on probation and impose appropriate additional conditions. We therefore vacate the trial court's order and remand for reinstatement...

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