State v. Tellez

OPINION

GERBER, Judge.

This case presents the issue of whether the fine provision found in A.R.S. § 13-3408 is mandatory for defendants convicted under A.R.S. § 13-1002 for solicitation to sell narcotic drugs.

FACTS

Appellant George Luis Tellez (defendant) attempted to sell cocaine to an undercover police officer and was arrested. The state charged him by indictment with conspiracy to sell narcotic drugs and with the sale of narcotic drugs, both class 2 felonies.

Defendant entered into a plea agreement agreeing to plead guilty to solicitation to sell narcotic drugs, a class 4 felony, in violation…