State of Arizona v. Debbie Lynn Copeland

OPINION

KELLY, Presiding Judge.

¶ 1 In this special action proceeding, the state has asked us to consider the relationship between a trial court’s designation of an offense as “non-dangerous” for the purpose of conviction and sentencing, see AR.S. §§ 13-702, 13-704, and another judge’s later consideration of whether that same conviction had been for “a dangerous offense,” which would render the defendant ineligible to have the conviction set aside pursuant to A.R.S. § 13-907(D)(1). Specifically, the state argues the respondent judge erred as a matter of law when she set aside…