Peterson v. Superior Court

OPINION

FIDEL, Judge.

In this special action, we determine whether a trial court may belatedly—as distinguished from retroactively—designate as a felony or misdemeanor a crime that the court erroneously left undesignated at sentencing.

HISTORY

On June 16, 1987, petitioner Daniel Peterson (defendant) pled guilty to possession of a dangerous drug, a class four “open-ended felony,” in violation of former Ariz. Rev.Stat.Ann. (“A.R.S.”) section 13-3404, repealed by 1987 Ariz.Sess.Laws 967, 986. The plea was accepted and entered of record on that day. Four weeks later, on the date set for sentencing,…