State v. Vaughn

OPINION

JOHNSEN, Judge.

¶ 1 We vacate the superior court’s revocation of probation in this case pursuant to Arizona Revised Statutes (“A.R.S.”) section 13-901.01 (Supp.2007)1 because the State failed to allege and the court failed to find at the probation violation hearing that the probationer refused to participate in drug treatment.

¶ 2 Tilfert Darrell Vaughn was on mandatory probation in CR2005-125518-001 DT (the “2005 case”) pursuant to A.R.S. § 13-901.01. He was also on probation in a separate matter, CR2000-019188-001 DT (the “2000 ease”). After a violation hearing, the superior court…