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STATE v. FALCO

No. 1 CA-CR 88-1171.

162 Ariz. 319 (1989)

783 P.2d 258

STATE of Arizona, Appellee, v. Lorenzo Bruno FALCO, Appellant.

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

Review Denied December 12, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., Robert S. Golden, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Edward F. McGee, Deputy Public Defender, Phoenix, for appellant.

OPINION

BROOKS, Judge.

The issue in this appeal is whether Rule 24.3, Arizona Rules of Criminal Procedure, authorizes the trial court, upon discovery that it has erroneously ordered intensive probation for a defendant who is not eligible therefor, to vacate the order of probation and impose a sentence of imprisonment.1

Defendant Falco was charged with count I — second degree burglary, a class 3 felony; and count...

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