State v. GulleyAnnotate this Case
Ariz. Rev. Stat. 13-707(B) does not require a repeat class one misdemeanor conviction to be both classified and sentenced as a class six felony.
Defendant was convicted of the same class 1 misdemeanor of disorderly conduct in both 2012 and 2013. The trial court classified Defendant’s two 2013 convictions as class six felonies pursuant to section 13-707(B) and sentenced him as a category three repetitive felony offender. The Supreme Court modified Defendant’s disorderly conduct convictions and designated them as class one misdemeanors, holding that the trial court committed fundamental error when it classified Defendant’s 2013 disorderly conduct convictions as class six felonies and sentenced him as a category three repetitive felony offender.