State v. Mendivil

HAYS, Justice.

Pursuant to 17 A.R.S. Rules of Criminal Procedure, rule 31.19, we granted the state’s petition for review for one purpose only — to resolve the conflicting opinions of the divisions of the Court of Appeals.

Defendant Johnny Lee Mendivil was charged on April 26, 1977, with possession of marijuana in violation of A.R.S. § 36-1002.05 and with driving while intoxicated with a suspended license in violation of A.R.S. § 28-692.02. On August 23, 1977, the defendant pleaded guilty to possession of marijuana and to driving under the influence of intoxicating liquor, both designated as…