State v. Benson

OPINION

GRANT, Judge.

In this appeal, we hold that designation of a class 6 felony that has been left undes-ignated throughout the defendant’s probationary term may not occur in the absence of actual notice to the defendant. Accordingly, we vacate the felony designation entered by the trial court.

FACTUAL AND PROCEDURAL BACKGROUND

At his arraignment, pursuant to a written agreement, Richard Lee Benson, Jr. (“defendant”), pled guilty to theft from a person, a class 6 “open-end,” or undesig-nated, offense. 1 The plea agreement specified that the “offense may be designated a felony at sentencing but…