O'CONNOR v. Hyatt

OPINION

GEMMILL, Judge.

¶ 1 A person placed on probation in 2001 for a Proposition 200 1 offense who violates her probation must be reinstated on probation with additional conditions of probation. See Ariz.Rev.Stat. (“A.R.S.”) § 13-901.01(E) (2001); see also State v. Tousignant, 202 Ariz. 270, 271, ¶ 6, 43 P.3d 218, 219 (App. 2002). Under that version of Proposition 200 in effect in 2001 when Petitioner Joan Holly O’Connor committed her offense, she cannot be given a jail term as a condition of her reinstated probation following a probation violation. 2 See O’Brien, 204 Ariz. at 463, ¶ 15, 65…