State v. Burns

JOHNSEN, Judge.

¶ 1 A jury convicted Thomas John Burns, Jr., of a burglary he committed while on lifetime probation for two prior felonies. On appeal, Burns argues and the State concedes that his probation should have been revoked and he should have been sentenced to prison on his prior convictions pursuant to Arizona Revised Statutes (“A.R.S.”) section 13-708(C) (West 2013).1 We hold § 13-708(C) requires that when a defendant is convicted after a trial of a new offense committed while on lifetime probation, the court may not reinstate the defendant on probation, but must revoke the…