State v. Gomez: Defendant with Dismissed Indictment Still Eligible for Probation

A criminal defendant remains eligible for mandatory probation in the case of a first- or second-time drug offense, although she was previously the subject of a dismissed indictment. Over the dissent of Justices Berch and MacGregor, the Arizona Supreme Court construed the language of Arizona Revised Statute Section 13-901.01 to allow defendants with dismissed indictments, like those with reversed convictions, to escape incarceration for minor drug crimes.