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State v. Regenold
226 Ariz. 378
Ariz.
2011
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Background

  • Regenold indicted for luring a minor for sexual exploitation; pleads guilty under a plea agreement with a five-to-fifteen-year range.
  • Trial court suspends imposition of sentence and places Regenold on lifetime probation.
  • Over a year later, State petitions to revoke probation; after a contested hearing, probation is revoked and Regenold is sentenced to 6.5 years incarceration.
  • Regenold appeals, but court of appeals dismisses under A.R.S. § 13-4033(B) as appeal from plea-entered sentence.
  • Arizona Supreme Court grants review to resolve whether § 13-4033(B) bars appeal when probation revocation is contested.
  • Court holds that § 13-4033(B) does not bar Regenold’s direct appeal from the sentence following a contested probation violation.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Applicability of § 13-4033(B) to contested probation-violation sentence Regenold argues sentence was not entered pursuant to a plea for § 13-4033(B). State: sentence arises under plea and thus is barred from direct appeal. Not barred; appeal permitted following contested probation violation.
Waiver of direct appeal by plea Regenold waived direct appeal by pleading guilty, per Rule 32.1 implications. Waiver bars direct appeal entirely, including probation-revocation consequences. Waiver does not preclude later appellate challenges to probation-revocation sentence.
Relation of Rule 32.1 to jurisdiction Rule 32.1 dictates post-conviction relief for probation-violation claims potentially. Rule 32.1 governs those admitting violations; Regenold did not admit violation, so Rule 32.1 not controlling. Rule 32.1 does not preclude appeal; jurisdiction is not limited to Rule 32 petition.

Key Cases Cited

  • State v. Ponsart, 224 Ariz. 518 (App. 2010) (discussed appealability after probation-violation proceedings)
  • State v. Celaya, 213 Ariz. 282 (App. 2006) (intervening events and appealability under § 13-4033(B))
  • State v. Rodriguez-Gonzales, 208 Ariz. 198 (App. 2004) (precedent on probation-violation outcomes and appeals)
  • State v. Jimenez, 188 Ariz. 342 (App. 1996) (probation-violation posture and post-conviction avenues)
  • Mejia v. Irwin, 195 Ariz. 270 (App. 1999) (plea agreement control over sentencing terms post-plea)
  • State v. Muldoon, 159 Ariz. 295 (App. 1988) (probationary sentence as a deferred consequence of plea)
  • State v. Spreitz, 202 Ariz. 1 (Ariz. 2002) (jurisdictional considerations and Rule 32 path vs direct appeal)
  • State v. Delgarito, 189 Ariz. 58 (App. 1997) (review avenues when direct appeal is waived in plea context)
  • State v. Wise, 137 Ariz. 468 (1983) (ordinary meaning of statutory terms in interpretation)
Read the full case

Case Details

Case Name: State v. Regenold
Court Name: Arizona Supreme Court
Date Published: Mar 1, 2011
Citation: 226 Ariz. 378
Docket Number: CR-10-0154-PR
Court Abbreviation: Ariz.