from the Superior Court in Maricopa County; No.
CR2002-015076; The Honorable John R. Doody, Judge Pro
Tempore . AFFIRMED
Arizona Attorney General’s Office, Phoenix, By Jana Zinman,
Counsel for Appellee
County Public Defender’s Office, Phoenix, By Lawrence S.
Matthew, Counsel for Appellant
Judge James B. Morse Jr. delivered the opinion of the Court,
in which Judge Jon W. Thompson and Vice Chief Judge Peter B.
[¶1] Demitres Robertson appeals the superior
court’s July 12, 2017 order revoking her
[246 Ariz. 439] probation and imposing a term of
imprisonment. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
In August 2002, the State charged Robertson with one count of
first-degree murder, a class 1 felony, and two counts of
intentional child abuse, class 2 felonies and dangerous
crimes against children, based on acts that occurred in
November 2001. See Ariz. Rev. Stat.
("A.R.S.") � � 13-604.01 (2001), -1105 (2001),
-3623(A)(1) (2001). The court later dismissed the first count
of child abuse for lack of probable cause. See Ariz.
R. Crim. P. 5.4(d).
Had Robertson been convicted of the charged count of
first-degree murder, she faced a mandatory sentence of life
imprisonment. See A.R.S. � � 13-1105(C), -703(A)
(2001). She also faced the potential for a mandatory
consecutive sentence of up to 28 years imprisonment for the
count of intentional child abuse as a dangerous crime against
children. See A.R.S. � � 13-3623(A)(1), -604.01(D),
Pursuant to a plea agreement, the State reduced the charged
counts, and Robertson avoided the potential for life in
prison plus a consecutive sentence. She pleaded guilty to one
amended count of manslaughter, a class 2 dangerous felony,
and one amended count of reckless child abuse, a class 3
felony. See A.R.S. � � 13-1103 (2001), -3623(A)(2).
Robertson faced a sentence of seven to 21 years for
manslaughter, and two to 8.75 years for reckless child abuse.
See A.R.S. � � 13-604(I) (2001), -701 (2001), -702
(2001), -702.01 (2001). Pursuant to the plea agreement,
however, the parties stipulated to a prison term of eight to
15 years for manslaughter and a consecutive term of probation
for reckless child abuse. The court sentenced Robertson to
ten years’ imprisonment for manslaughter, credited Robertson
602 days of presentence incarceration, and placed Robertson
on a lifetime term of probation upon completion of her prison
sentence. Robertson completed her prison sentence in August
Robertson violated her probation in September of 2014 and
June of 2016, and the superior court reinstated her probation
after both violations. After the September 2014 violation,
one of the terms of Robertson’s reinstated probation was a
six-month term of incarceration in the county jail. Robertson
violated her probation again in March 2017, and the court
imposed intensive probation.
Two months later, in May 2017, the State filed a petition
claiming Robertson violated intensive probation and sought to
revoke Robertson’s ...