State v. May

WILLIAM W. NABOURS, Superior Court Judge.

The above entitled cause was certified to this Court pursuant to Rule 346, Arizona Rules of Criminal Procedure, 17 A.R.S., from the Superior Court of Maricopa County-

After due process the defendant entered a plea of guilty to the offense of “attempted burglary (second degree), a felony”.

The matter was set for the imposition of sentence and at the time for sentence to be imposed, a question arose as to whether the offense charged and to which the plea of guilty had been entered, was punishable as a felony or as a misdemeanor. In the event that the…