State v. Benak

OPINION

BERCH, Judge.

¶ 1 David J. Benak (“Defendant”) appeals his conviction and sentence for possession of a dangerous drug. He contends that the trial court erred by not sentencing him to probation pursuant to Arizona Revised Statutes (“A.R.S.”) section 13-901.01 (Supp.2000). Because we agree with Defendant, we remand for resentencing.

BACKGROUND

¶ 2 The State charged Defendant with two counts of aggravated assault, and one count each of resisting arrest, possessing a dangerous drug, and possessing drug paraphernalia. A jury acquitted him of the aggravated assault charges, but convicted him of…