State v. Falco

OPINION

BROOKS, Judge.

The issue in this appeal is whether Rule 24.3, Arizona Rules of Criminal Procedure, authorizes the trial court, upon discovery that it has erroneously ordered intensive probation for a defendant who is not eligible therefor, to vacate the order of probation and impose a sentence of imprisonment. 1

Defendant Falco was charged with count I — second degree burglary, a class 3 felony; and count II — theft, a class 6 felony. He entered into an agreement with the state, agreeing to plead guilty to count I. The agreement also provided that count II, as well as another pending…