State of Arizona v. Scott Alan Colvin
231 Ariz. 269
| Ariz. Ct. App. | 2013Background
- Colvin was charged with two aggravated DUI counts, two aggravated BAC counts, and aggravated assault on a peace officer.
- Trial court dismissed counts 3 and 4 as California convictions could not support AZ DUI enhancements.
- State appealed, arguing CA convictions qualify as acts in another jurisdiction that would violate AZ DUI statutes if committed here.
- Arizona Court of Appeals agreed, reversing and remanding for reinstatement of counts 3 and 4.
- Court compared CA and AZ DUI statutes to determine if CA convictions allege acts that would violate AZ §28-1381.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do California DUI convictions qualify as acts that would violate AZ §28-1381 if committed in Arizona under §28-1383(A)(2)? | State contends CA convictions satisfy §28-1383(A)(2) regardless of statutory form. | Colvin contends CA convictions do not map to AZ offenses and the motion was untimely. | Yes; CA convictions can support the AZ enhancements; trial court erred by dismissing counts 3–4. |
Key Cases Cited
- Canty v. People, 90 P.3d 1168 (Cal. 2004) (implies impairment focus in CA DUI matters)
- Weathington, 282 Cal. Rptr. 170 (Cal. Ct. App. 1991) (impairment to an appreciable degree required for DUI under CA §23152(a))
- Crane, 48 Cal. Rptr. 3d 334 (Cal. Ct. App. 2006) (impairment standard related to California DUI)
- State v. Crawford, 214 Ariz. 129, 149 P.3d 753 (Ariz. 2007) (foreign conviction must include elements of AZ offense before use)
- State v. Henry, 176 Ariz. 569, 863 P.2d 861 (Ariz. 1993) (context for comparing foreign and AZ statutes)
- State v. Ault, 157 Ariz. 516, 759 P.2d 1320 (Ariz. 1988) (elements comparison for foreign convictions)
- State v. Neese, 126 Ariz. 499, 616 P.2d 959 (Ariz. 1980) (adequacy of notice for evidentiary rulings)
- State v. Skiba, Ariz. 199 Ariz. 539, 19 P.3d 1255 (App. 2001) (discretion to hear untimely motions)
- State v. Galvez, 214 Ariz. 154, 150 P.3d 241 (Ariz. 2006) (abuse of discretion standard for dismissal orders)
- State v. Heath, 198 Ariz. 83, 7 P.3d 92 (Ariz. 2000) (de novo review for foreign-conviction applicability)