Legal Opinion

Peterson v. Superior Court

Court of Appeals of Arizona

Decided August 27, 1992No. 1 CA-SA 91-041Published

1Opinion of the 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 (“A.R.S.”) section 13-3404, repealed by 1987 Ariz.Sess.Laws 967, 986.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,…

2Cases cited9 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. State v. SweetArizona Supreme Court · 1985
  3. State v. CrowderArizona Supreme Court · 1987
  4. State v. De NistorArizona Supreme Court · 1985
  5. State v. AndersonArizona Supreme Court · 1989

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