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PETERSON v. SUPERIOR COURT

No. 1 CA-SA 91-041.

173 Ariz. 337 (1992)

842 P.2d 1350

Daniel Lee PETERSON, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Gregory Martin, a judge thereof, Respondent Judge, The STATE of Arizona, Real Party in Interest.

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

Review Denied January 20, 1993.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen., by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, Phoenix, for respondent.

Dean W. Trebesch, Maricopa County Public Defender by Brian C. Bond, Deputy Public Defender, Phoenix, for petitioner.

Richard M. Romley, Maricopa County Atty. by Arthur Hazelton, Deputy County Atty., Phoenix, for real party in interest.

OPINION

FIDEL, Judge.

In this special action, we determine whether a trial court may belatedly — as distinguished from retroactively — designate as a felony or misdemeanor a crime that the court erroneously left undesignated at sentencing.

HISTORY

On June 16, 1987, petitioner Daniel Peterson (defendant) pled guilty to possession of a dangerous drug, a class four "openended felony," in violation of former Ariz. Rev. Stat. Ann...

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