State v. Escalante

OPINION

GREER, Presiding Judge.

The central issue presented for our determination is whether A.R.S. § 13-3406(B)(2) effectively eliminates probation as a sentencing alternative if the defendant has been convicted of a prior felony offense even though the prior offense has not been alleged by the state. We hold that probation is available under the statute unless a prior offense has been alleged by the state, and dispose of the remaining issues raised by appellant accordingly.

I. FACTS

In a three-count indictment filed August 14, 1984, appellant was charged with the possession of marijuana for…