State v. Shlionsky

OPINION

DRUKE, Chief Judge.

In November 1993, petitioner Alexander Shlionsky pled guilty to attempted unlawful possession of one to eight pounds of marijuana, a class six felony. This class of felony is an “open” offense because A.R.S. § 13-702(G)1 231 permits the trial court to designate the offense a class six felony or a class one misdemeanor at sentencing or, as here, *632“place the defendant on probation ... and refrain from designating the offense as a felony or misdemeanor until the probation is terminated.” Before petitioner’s probation was terminated, the state filed a petition to revoke…