Montero v. Foreman

In Montero v. Foreman, 204 Ariz. 378,5, 12-13, 64 P.3d 206, 208-10 (App. 2003) the Court found no error in the trial court's determination that a defendant convicted of a drug possession charge would be ineligible for probation under A.R.S. 13-901.01 because his previous conviction for disorderly conduct "constituted a 'violent crime,'" defined as the "'criminal use of a deadly weapon or dangerous instrument.'". Montero previously had been convicted of "recklessly handling, displaying or discharging a deadly weapon or dangerous instrument" pursuant to 13-2904(A)(6), and that offense had been designated a non-dangerous offense at sentencing. Id. The Court explained that "even though the definitions of these two terms are similar, 'dangerous' and 'violent' are different concepts," id.12; the designation of the offense as non-dangerous at sentencing therefore did not preclude a finding that Montero had been convicted of a "violent offense," rendering him ineligible for probation under 13-901.01, id.12-13.