Arizona, September, 2004, State Case law

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State Courts - Arizona - September 21 - September 28, 2004

Aragon v. Wilkinson, 1 CA-SA 04-0183, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, September 21, 2004, Filed
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Overview: Trial court erred in allowing State to withdraw from guilty plea agreement after court stated that supreme court case mandated maximum sentence it could impose, where court did not reject stipulated sentence, but simply expressed it was constrained.

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Aragon v. Wilkinson, 1 CA-SA 04-0183, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT C, September 21, 2004, Filed
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Overview: Court erred in allowing State to withdraw from plea agreement on ground that defendant refused to waive right to have jury determine facts that might support imposition of an aggravated sentence; defendant had not breached any term of plea agreement.

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State v. Nieves, Arizona Supreme Court No. CR-04-0185-PR, SUPREME COURT OF ARIZONA, September 21, 2004, Decided
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State v. Sanchez, 2 CA-CR 2003-0092, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT A, September 21, 2004, Filed
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Overview: Expungement of a juvenile record was available upon completion of probation for a first felony offense, although the sentencing court did not expressly invoke the statute that contained the expungement provision at the time of sentencing.

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State v. Jackson, 2 CA-CR 2003-0021-PR, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 22, 2004, Filed
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Overview: Defendant failed to raise valid claim of ineffective assistance of counsel, as concrete plea offer was not made by State; extension of constitutional principles did not include counsel's failure to investigate possibilities of potential plea offer.

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State v. Fell, 2 CA-SA 2004-0057, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 23, 2004, Filed
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Overview: On State's petition for special action relief, judge was directed to conduct sentencing proceedings without murder defendant being entitled to a jury trial on the aggravating circumstances.

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Walgreen Ariz. Drug Co. v. State Dep't of Revenue, 1 CA-TX 03-0009, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT T, September 23, 2004, Filed
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Overview: On corporate taxpayer's appeal of adverse summary judgment, judgment was affirmed; return of principal from the type of short-term investments at issue here was not includable in the sales factor denominator of the apportionment formula.

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New PCR Int'l v. Indus. Comm'n, 2 CA-IC 2004-0007, COURT OF APPEALS OF ARIZONA, DIVISION TWO, DEPARTMENT B, September 24, 2004, Filed
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Overview: Employee's petition to reopen case was proper, as he made prima facie showing by submitting physician's letter and reports documenting change in condition. Reopening was merited, as evidence showed change in medical procedures to treat his condition.

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State v. Garnica, 1 CA-CR 02-0832, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, September 28, 2004, Filed
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Overview: Accomplice liability instruction was proper as to second-degree murder, aggravated assault, and endangerment, where defendant gave ammunition to a shooter; accomplice liability could apply, where the culpable mental state was recklessness.

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State v. Speers, 1 CA-CR 02-0578, COURT OF APPEALS OF ARIZONA, DIVISION ONE, DEPARTMENT B, September 28, 2004, Filed
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Overview: State sought to introduce evidence of alleged child molestation as propensity evidence in defendant's trial for sexual exploitation of a minor. Trial court's ruling, which precluded expert testimony to rebut this evidence, was reversible error.

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