State v. Tarango

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

In affirming defendant’s sentence for a drug offense with two prior felonies, the court of appeals held that defendant would be parole eligible under former AR.S. § 13-604(D) after serving two-thirds of her sentence despite language in former AR.S. § 13-3408(D), which would have called for a flat time sentence if she had been sentenced as a first-time offender.

The opinion of the court of appeals in this case conflicts with an earlier opinion of that court which held that a defendant sentenced in a similar manner was not parole eligible under former…