Arizona Court of Appeals
In Arizona felony shoplifting includes two prior convictions within the past five years as elements of the offense. As is relevant, 13 A.R.S. § 1805(I) provides: “A person who . . . commits shoplifting and who has previously committed or been convicted within the past five years of two or more offenses involving burglary, shoplifting,…
6/30/16 Arizona Rules of Evidence Rule 410(a)(4) provides, “a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.” is not admissible as evidence against the defendant. In State v. Gill, Court of Appeals…
6/29/16 In Arizona both the defendant and the State have the right to a peremptory change of judge, meaning a change with very few limitations. The notice of change of judge may be filed within ten days after Arraignment. Only one peremptory change of judge is allowed per party. In Woodington v. Browning and…
6/22/16 In State v. Jean, No. 1 CA-CR 14-0444 (6/21/16) the defendant was charged with possession of drugs. Arizona Department of Public Safety (DPS) officers had information that a commercial truck was being used to transport drugs. To further their investigation the DPS, and without obtaining a search warrant, placed a GPS tracking device on…
6/14/16 In Simpson v. Miller, Nos. 1 CA-SA 15-0292, 1 CA-SA 15-0295 (Consolidated), two defendants are charged with multiple counts of sexual conduct with a minor who is under fifteen years of age. They are being held in custody under the provisions of 13 A.R.S. § 3961.A, which provides in part: A person who…