from the Superior Court in Yavapai County No.
P1300CR201500887 The Honorable Tina R. Ainley, Judge
Arizona Attorney General's Office, Phoenix By Terry M.
Crist Counsel for Appellee
Office of Nicole Farnum, Phoenix By Nicole T. Farnum Counsel
Kent E. Cattani delivered the opinion of the Court, in which
Presiding Judge Michael J. Brown and Judge Maurice Portley
We are asked to address the proper classification of and
sentencing range for repetitive misdemeanor offenses under
Arizona Revised Statutes ("A.R.S.") §
13-707(B).1 We hold that, as applied to repeated class 1
misdemeanors, the statute dictates that the offense of
conviction remains classified as a class 1 misdemeanor, but
the sentence imposed is that of a class 6 felony.
Accordingly, and for reasons that follow, we accept the
State's concession that Marcus Dean Ceasar's
disorderly conduct convictions should have been classified as
misdemeanor offenses, and we remand for resentencing on those
convictions. We affirm in all other respects.
AND PROCEDURAL BACKGROUND
Ceasar was charged with stalking, aggravated assault, and two
counts of disorderly conduct with a prior disorderly conduct
conviction within the preceding two years after a July 2015
altercation at a restaurant in Prescott. A jury found him
guilty of the four substantive offenses, and after a bench
trial to address the prior conviction allegation, the
superior court found that he had previously been convicted of
disorderly conduct, a class  misdemeanor, in November 2014.
The court also found that Ceasar had two Florida convictions
for resisting an officer with violence, and that the Florida
offenses were historical prior felony convictions under
Arizona law. The court thus sentenced Ceasar as a category
three repetitive offender, imposing concurrent prison terms
for all four offenses, the longest of which is 10 years. As
to the disorderly conduct convictions, the court classified
the offenses as class 6 felonies and imposed enhanced
3.75-year prison terms. Ceasar timely appealed, and we have
jurisdiction under A.R.S. § 13-4033.
Disorderly Conduct Classification and
Ceasar argues that the superior court erred by classifying
his disorderly conduct convictions as class 6 felonies and
sentencing him as a category three repetitive offender on
those convictions. Because Ceasar did not object in the
superior court, we review only for fundamental, prejudicial
error. See State v. Henderson, 210 Ariz. 561,
567-68, ¶¶ 19-20 (2005). The State concedes that
the disorderly conduct convictions should have been
classified as misdemeanors, that the misclassification
resulted in fundamental error, and that the case should be
remanded for resentencing. We agree.
Under A.R.S. § 13-707(B), an enhanced sentence may be
imposed for misdemeanor convictions under certain
A person who is at least eighteen years of age or who has
been tried as an adult and who stands convicted of any
misdemeanor or petty offense, other than a traffic
offense, and who has been convicted of one or more of the
same misdemeanors or petty offenses within two years next
preceding the date of the present offense shall be
sentenced for ...