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STATE v. FALLON

No. 1 CA-CR 8856.

151 Ariz. 188 (1986)

726 P.2d 604

STATE of Arizona, Appellee, v. James Douglas FALLON, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

March 11, 1986.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by H. Allen Gerhardt, Deputy Co. Atty., Chief Counsel, Crim. Div., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, Phoenix, for appellant.

OPINION

GREER, Presiding Judge.

The issue raised on appeal is whether A.R.S. § 13-702(H) as amended, Laws 1984, is to be applied retroactively to designate an open-end offense as a felony in order to trigger the repeat felony offender provisions of A.R.S. §§ 13-604.01 or 13-604.1 We hold that the 1984 amendments to A.R.S. § 13-702(H) should not be applied retroactively. Therefore, we must set aside the plea...

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