State v. Botkin

OPINION

GEMMILL, Judge.

¶ 1 The fundamental issue presented on appeal is whether the trial court acted within its authority when, after finding Defendant Sean Wayne Botkin violated his intensive probation in 2004 by committing a felony, it continued Botkin on probation rather than revoking probation and imposing a sentence of imprisonment in accordance with Arizona Revised Statutes (“A.R.S.”) section 13-917(B) (2001). We conclude that the trial court erred, and we therefore reverse and remand for further proceedings.

Background

¶2 In 2001, Botkin pled guilty to two counts of kidnapping and one…