State v. Russell
249 P.3d 1116
Ariz. Ct. App.2011Background
- Russell pled guilty to aggravated assault in August 2009, with a deferred sentence and three years of intensive probation, and the probation terms prohibited illegal drug use.
- Three months after probation began, the trial court found Russell violated probation by using marijuana and revoked probation.
- At revocation, the court treated marijuana use as a felony and sentenced Russell to a two-year prison term for the underlying aggravated assault.
- Russell argued that the marijuana offense could have been treated as a misdemeanor under A.R.S. § 13-604(A), allowing continued probation instead of imprisonment.
- The court and the appellate panel held that a class 6 felony remains a felony until the court actually designates it a misdemeanor after conviction, so 13-917(B) required prison because no conviction had occurred for the marijuana offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether 13-917(B) requires prison for probation violations involving a new felony | Russell | RUSSELL | Prison required; designation as misdemeanor not applicable pre-conviction |
| Whether a class 6 felony may be designated as a misdemeanor before conviction | Russell | State | Designation as misdemeanor applies only after conviction |
Key Cases Cited
- State v. Barnett, 209 Ariz. 352 (App. 2004) (statutory language must be given effect if clear and unambiguous)
- State v. Estrada, 201 Ariz. 247 (2001) (de novo review of statutory interpretation)
- State v. Arana, 173 Ariz. 370 (1992) (felony designation as misdemeanor after conviction only)
- State v. Taylor, 187 Ariz. 567 (App. 1996) (probation violation involving a felony triggers mandatory prison)