State ex rel. Montgomery v. Woodburn

OPINION

PORTLEY, Judge.

¶ 1 This special action asks whether the trial court can place a defendant on probation pursuant to Arizona Revised Statutes (“A.R.S.”) section 13-901.01 (West 2012) (“Proposition 200”), after he pled guilty to “attempt to obtain or procure the administration of a narcotic drug by fraud, deceit, misrepresentation or subterfuge.” A.R.S. §§ 13-1001, -3401, -3408, -3418, -701, -702, and -801. Because we find that Proposition 200 does not apply to the offense, we accept special action jurisdiction and grant relief.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Denis Donald Schmeissing…