State v. Diaz

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

Defendant signed a plea agreement in which he pled guilty to possession of marijuana, a class six “open-ended” offense. See Ariz.Rev.Stat.Ann. § 13-702(H) (A.R.S.). 1 2At the time set for sentencing, the trial court designated the offense a felony, suspended imposition of sentence, and placed defendant on three years probation with one year jail time. Defendant moved to withdraw from the plea agreement, claiming that the felony designation violated its terms. The trial court denied the motion to withdraw and defendant appealed. The court…