State v. Catalan

OPINION

HOWARD, Judge.

Prior to the effective date of Arizona’s new Criminal Code, October 1, 1978, could the trial court place a defendant on probation if he is already serving a term in the Arizona State Prison for another offense? 1 That is the issue to be determined here.

The record shows that on March 6, 1975 the Honorable Mary Anne Richey, Judge of the Pima County Superior Court, sentenced appellant to the Arizona State Prison for a term of not less than two nor more than four years. Approximately two months later she placed appellant on five years’ probation for a separate offense,…