State of Arizona v. Donald William Gulley

¶ 1 We granted review in this case to consider whether A.R.S. § 13-707(33) requires a repeat class 1 misdemeanor conviction to be both classified and sentenced as a class 6 felony. We have jurisdiction under article 6, section 5(3) of the Arizona Constitution and AR.S. § 12-120.24.

¶ 2 Here, Gulley pleaded guilty in 2012 to one count of disorderly conduct in violation of A.R.S. § 13-2904(A), a class 1 misdemeanor. See A.R.S. § 13-2904(B). Then, in 2013, a jury convicted Gulley of two counts of disorderly conduct, also class 1 misdemeanors in violation of § 13-2904(A)(1). At sentencing, the…