State v. Dykes

OPINION

LANKFORD, Judge.

The defendant, Dina Opal Dykes, was convicted after a jury trial of possession of a dangerous drug, a class four felony. A.R.S. § 13-3407(B)(1). This statute also authorizes trial judges to designate a conviction for this offense as a class 1 misdemeanor. The punishment for a class four felony is, of course, more severe than for a class 1 misdemeanor. See A.R.S. §§ 13-701, 707.

However, the trial judge may apply § 13-3407(B) and designate the lesser punishment only on motion of the state. The statute provides:

B. A person who violates:

1. Subsection A, paragraph 1…