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State of Arizona v. Debbie Lynn Copeland
310 P.3d 46
Ariz. Ct. App.
2013
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Background

  • Debbie Copeland pleaded guilty (March 28, 2011) to attempted aggravated assault (knife) as a Class 4 felony pursuant to a plea agreement; other charges/allegations (including a dangerous-offense enhancement) were dismissed.
  • The judgment of conviction expressly designated the offense as "nondangerous, nonrepetitive."
  • Copeland received probation (three years) and later successfully completed specialty-court requirements and had probation terminated.
  • Copeland applied to set aside her conviction and restore civil rights under A.R.S. §§ 13-907 and 13-908; the State argued § 13-907(D)(1) barred relief because the plea alleged a dangerous instrument/knife.
  • The trial judge granted the motion to set aside the conviction; the State sought special-action review, arguing the conviction was nonetheless "for a dangerous offense." The Court of Appeals accepted jurisdiction and denied relief.

Issues

Issue State's Argument Copeland's Argument Held
Whether a conviction designated as "non-dangerous" in the judgment can nevertheless be treated as a "conviction involving a dangerous offense" for purposes of § 13-907(D)(1), thus precluding an application to set aside the conviction The plea and charging language (attempt with a knife) show the offense was "dangerous," so § 13-907(D)(1) bars setting aside even if the judgment labels it nondangerous; designation should not be conclusive The judgment’s express nondangerous designation controls eligibility under § 13-907(D)(1); designation permits the application and precludes relitigation of that issue The court held a trial court may rely on a conviction’s designation as nondangerous to find the defendant eligible to apply under § 13-907; the respondent did not abuse discretion in permitting Copeland to apply. The merits of setting aside remain discretionary under § 13-908.

Key Cases Cited

  • State v. Leon, 197 Ariz. 48, 3 P.3d 968 (App. 1999) (distinguished: prior decision held a nondangerous designation for one statutory scheme did not preclude enhancement under a differently worded provision)
  • Montero v. Foreman, 204 Ariz. 378, 64 P.3d 206 (App. 2003) (explained that similar statutory terms—"dangerous" vs. "violent"—can have different legal effects)
  • State v. Key, 128 Ariz. 419, 626 P.2d 149 (App. 1981) (granting or denying set-aside relief under § 13-907 is within trial court’s discretion)
  • State v. Williams, 131 Ariz. 211, 639 P.2d 1036 (App. 1982) (principles of collateral estoppel and res judicata apply to criminal judgments)
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Case Details

Case Name: State of Arizona v. Debbie Lynn Copeland
Court Name: Court of Appeals of Arizona
Date Published: Sep 30, 2013
Citation: 310 P.3d 46
Docket Number: 2 CA-SA 2013-0057
Court Abbreviation: Ariz. Ct. App.