State v. Aragon

OPINION

GRANT, Judge.

Javier Diaz Aragon (“Defendant”) was convicted of possession for sale of one pound or more of marijuana, a class 3 felony. See Arizona Revised Statutes Annotated (“A.R.S.”) § 13-3405(B)(5). On August 31, 1994, the trial court suspended imposition of sentence, and placed defendant on probation for seven years and ordered that he serve ten months in the Maricopa County Jail. The State contends that pursuant to A.R.S. section 13-3405(C) Defendant is not eligible for probation until at least two-thirds of his sentence has been served.

The State filed a timely notice of appeal…