State v. Arana

ORDER

On motion of the court,

ORDERED: This Court’s Opinion filed March 31, 1992, in the above-entitled appeal, is vacated.

FURTHER ORDERED: An AMENDED OPINION has this date been filed.

HOWARD, Judge.

Appellant was charged with theft, a class 3 felony. She pled guilty to a class 6 open-ended offense. The trial court left the offense undesignated and placed appellant on three years’ probation. The only issue on appeal is whether the trial court erred in also imposing the $100 penalty under A.R.S. § 13-812. We believe it did and vacate that portion of the sentence.

Section 13-812 requires the…