State v. Benally

OPINION

EUBANK, Judge.

Pursuant to a plea agreement, appellant pled guilty to the crime of driving under the influence of intoxicating liquor while on a revoked operator’s license in violation of A.R.S. § 28-692.02, a class five felony. The trial judge suspended his sentence and placed appellant on probation for one year on condition that he spend six months “in prison” as is required by A.R.S. § 28-692.-02(A), infra. He appeals from the suspended sentence and raises just one issue:

Can a defendant, convicted of a felony DWI, [while on a revoked operator’s license] be required to serve six…