State v. Hines

OPINION

SWANN, Judge.

¶ 1 Andrew William Hines appeals from his conviction and sentence for the class 5 felony of promoting prison contraband. We affirm because the court properly treated the class 5 felony of which Hines was convicted as a lesser-ineluded offense of the offense with which he was charged, the class 2 felony of promoting prison contraband.

FACTS AND PROCEDURAL HISTORY

¶ 2 In June 2011, a grand jury indicted Hines for promoting prison contraband “by possessing, a dangerous instrument in a correctional facility, ... a Class 2 Felony” under A.R.S. § 13 — 2505(A)(3) and (F). Hines…