State v. Fallon

HOLOHAN, Chief Justice.

We have granted review in this case to resolve a conflict between two panels of Division One of the Court of Appeals, over the application of A.R.S. § 13-702(H), a sentencing statute. The Court of Appeals set aside the defendant’s conviction and sentence and vacated the plea agreement. State v. Fallon, 151 Ariz. 188, 726 P.2d 604 (App.1986).

We must decide whether A.R.S. § 13-702(H) may be applied retroactively to convictions which occurred prior to its effective date of August 3, 1984.

On December 7, 1983, the defendant was placed on three years probation for theft of a…