STATE v. BOTKIN

No. 1 CA-CR 07-0083.

200 P.3d 323 (2008)

STATE of Arizona, Appellant, v. Sean Wayne BOTKIN, Appellee.

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

Review Granted in Part February 10, 2009.


Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney By David E. Wood, Deputy County Attorney, Phoenix, Attorneys for Appellant.

Osborn Maledon, P.A. by Larry A. Hammond, Timothy J. Eckstein, Diane M. Meyers, Phoenix, Attorneys for Appellee.


OPINION

GEMMILL, Judge.

¶ 1 The fundamental issue presented on appeal is whether the trial court acted within its authority when, after finding Defendant Sean Wayne Botkin violated his intensive probation in 2004 by committing a felony, it continued Botkin on probation rather than revoking probation and imposing a sentence of imprisonment in accordance with Arizona Revised Statutes ("A.R.S.") section 13-917(B) (2001). We conclude that the trial court...

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