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