ARS 13-917(B) Interpretation
In State v. Russell, 226 Ariz. 416,2-3, 12, 249 P.3d 1116, 1117, 1118 (App. 2011), the Court concluded the trial court had not erred by revoking the probation of a defendant on intensive probation, as required by A.R.S. 13-917(B), based on his having used marijuana, a class six felony, notwithstanding the possibility that under 13-604(A), a court might designate that felony a misdemeanor.
The Court concluded that "the trial court's discretion to designate a felony as a misdemeanor applies only after a defendant is convicted of a class 6 felony." Russell, 226 Ariz. 416,8, 249 P.3d at 1118.
As the Court stated, "the trial court found that the State proved by a preponderance of the evidence that the defendant used marijuana," and that offense is a class six felony under 13-3405(B)(1). Russell, 226 Ariz. 416,11, 249 P.3d at 1118.