Gray v. Irwin

OPINION

BERCH, Judge.

¶ 1 Petitioner Robert Ray Gray seeks special action relief from a sentence of two and one-half years in prison for his second conviction for possession of dangerous drugs. Gray argues that he is subject to the sentencing provisions of Arizona Revised Statutes Annotated (“A.R.S.”) section 13-901.01 (Supp.1998), and therefore cannot be sentenced to prison. We accept jurisdiction of this special action and grant relief.

BACKGROUND

¶ 2 On January 24, 1998, Gray was stopped for a traffic violation. During the officer’s interaction with Gray, the officer became suspicious that…