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Date: 02-03-2025
Case Style:
Case Number: CR2017126708001
Judge: Harla M. Davison
Court: Superior Court, Maricopa County, Arizona
Plaintiff's Attorney: Maricopa County, Arizona District Attorney's Office
Defendant's Attorney:
Description: Phoenix, Arizona criminal defense lawyer represented the Defendant aggravated driving while under the influence and while her driver's license was revoked.
Stacey Jenkins was convicted for aggravated driving while under the influence and while her driver's license was revoked. Jenkins was apprehended over two years later, preventing her sentencing from occurring within ninety days of her conviction.
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Our supreme court has concluded that before a defendant forfeits her right to an appeal under § 13-4033(C),
(1) the defendant must receive notice that the right may be waived if . . . her absence prevents sentencing from occurring within ninety days after conviction; (2) the waiver must be knowing, intelligent, and voluntary; and (3) the defendant must be provided an opportunity at sentencing to prove by clear and convincing evidence that the absence was involuntary.
State v. Brearcliffe, 254 Ariz. 579, ¶ 1 (2023). To prove the defendant's waiver is "knowing, voluntary, and intelligent," the state must show "that the defendant was notified that delaying sentencing by absconding for more than ninety days could result in a waiver of the right to appeal." Id. ¶ 16; see also Contreras, ___ Ariz. ___, ¶ 7, 557 P.3d at 349 (defendant's obligation to prove involuntary absence not triggered until state shows first two elements satisfied).
Legal issue Can a defendant waive the right to appeal if absent from trial, preventing sentencing within ninety days, without proving the absence was involuntary?
Key Phrases Aggravated driving under the influence. Waived right to appeal. Involuntary absence. Group advisement. Remand for hearing.
Outcome: Remanded
Plaintiff's Experts:
Defendant's Experts:
Comments: