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STATE v. BENAK

No. 1 CA-CR 99-0920.

18 P.3d 127 (2001)

199 Ariz. 333

STATE of Arizona, Appellee, v. David Jay BENAK, Appellant.

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

January 23, 2001.

Attorney(s) appearing for the Case

Janet A. Napolitano, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and J.D. Nielsen, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Maricopa County Public Defender by Christopher V. Johns, Deputy Public Defender, Phoenix, Attorney for Appellant.

OPINION

BERCH, Judge.

¶ 1 David J. Benak ("Defendant") appeals his conviction and sentence for possession of a dangerous drug. He contends that the trial court erred by not sentencing him to probation pursuant to Arizona Revised Statutes ("A.R.S.") section 13-901.01 (Supp.2000). Because we agree with Defendant, we remand for resentencing.

BACKGROUND

¶ 2 The State charged Defendant with two counts of aggravated assault, and one...

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