State v. Gomez

OPINION

BALES, Justice.

VIA 1996 initiative measure known as Proposition 200 requires courts to place certain first- and second-time drug offenders on probation including appropriate drug treatment or education. Ariz.Rev.Stat. (“A.R.S.”) § 13-901.01 (2002). Mandatory probation, however, does not apply to any defendant “who has been convicted of or indicted for a violent crime,” and such persons may be imprisoned for their drug offenses. A.R.S. § 13-901.01(B).

V 2 The issue here is whether a ten-year-old, dismissed indictment disqualifies a defendant from mandatory probation under Proposition…