In State v. Givens, 206 Ariz. 186,1, 7, 76 P.3d 457, 458-59 (App. 2003), the Court concluded that Givens, who was charged with and convicted of a violent offense in the same proceeding as the drug offense that qualified for mandatory probation, was not entitled to mandatory probation under 13-901.01(B) ("person who has been convicted of or indicted for a violent crime . . . is not eligible for probation as provided for in this section"). The Court reasoned that Givens was "not in the category of defendants the rehabilitative purpose of the statute was designed to serve" and that he was "not exempt from potential incarceration." Givens, 206 Ariz. 186,7, 76 P.3d at 459. And notably, we further concluded Givens was not entitled to mandatory probation under 13-901.01 when he was convicted of a violent offense in the same proceeding as the drug offense. Id. The court deemed the language of A.R.S. 13-901.01(B) ambiguous as to whether it applied to convictions or indictments in the pending case, but ultimately concluded that it encompassed both current as well as past convictions and indictments. Id.