Demarce v. Willrich
In Demarce v. Willrich, 203 Ariz. 502,11, 56 P.3d 76, 79 (App. 2002) the Court noted that the language on which the respondent judge here relied was dicta and had "not become the basis for any subsequent Arizona statute or holding permitting a probationer to elect a potentially shorter incarceration sentence after finding the terms of his probation too onerous.".
The Court observed that the statute addressed in State v. Montgomery was repealed in 1978. 203 Ariz. 502,13, 56 P.3d at 79.
The Court concluded, contrary to the dicta in Montgomery, "that a defendant, who is sentenced according to a plea agreement that includes lifetime probation, does not have a right to then reject the lifetime probation and . . . elect incarceration for a lesser term." 203 Ariz. 502,19, 56 P.3d at 80.