State v. Tousignant
In State v. Tousignant, 202 Ariz. 270, 371 Ariz. Adv. Rep. 3, 43 P.3d 218 (App. Apr. 9, 2002), the Court addressed the issue of whether a defendant who violated his probation under Proposition 200 could opt to reject further probation. Id. at 3, 43 P.3d at 218.
The Tousignant court held that he could not because A.R.S. 13-901.01(E) (2001) mandates probation, and incarceration is not an option. Id. at 4, 43 P.3d at 220.
In so holding, the Court overturned the lower court's decision to simply terminate the defendant's probation as unsuccessful and release him. Id.