Mejia v. Irwin

OPINION

BERCH, Judge.

¶ 1 Petitioner Miguel Mejia seeks special action relief from a sentence of two years in prison for violating the terms of his probation. Mejia argues that, as a first-time drug possessor, 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 In April 1997, police officers stopped the car Mejia was driving for a traffic violation. During the ensuing investigation, the officers found…