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STATE v. BROWN

No. 1 CA-CR 90-690.

169 Ariz. 35 (1991)

816 P.2d 932

STATE of Arizona, Appellee, v. Robert Eugene BROWN, Appellant.

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

August 6, 1991.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Janet Keating, Asst. Attys. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Garrett W. Simpson, Deputy Public Defender, Phoenix, for appellant.

OPINION

McGREGOR, Presiding Judge.

The issue on appeal is whether, as part of a sentence of probation on an undesignated class 6 felony offense, the court could order defendant Robert Eugene Brown to serve more jail time than he could be ordered to serve on a misdemeanor offense. We affirm the conviction and the sentence imposed.

I.

By written plea agreement, defendant pled guilty to theft, a class 6 undesignated offense. At sentencing, the...

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