State v. Arana

OPINION

MARTONE, Justice.

We are asked to decide whether the felony assessment penalty under A.R.S. § 13-812 is applicable to defendants convicted of class 6 felonies and placed on probation with delayed designation under A.R.S. § 13-702(H). We hold that it is.

BACKGROUND

Arana was charged with theft, a class 3 felony. She pled guilty to a “Class Six Open-Ended Felony.” Plea Agreement, Appendix to Opposition [to] Petition for Review. Invoking the alternative provisions of A.R.S. § 13-702(H), the trial court entered judgment of guilt for theft, an “undesignated” offense. The trial court placed the…