State v. Young
230 Ariz. 265
| Ariz. Ct. App. | 2012Background
- Defendant Young was convicted of possession of burglary tools and burglary (two class-6 felonies and two class-4 felonies, respectively).
- Indictment alleged two historical prior felony convictions and that offenses occurred while on release.
- At a later proceeding, Young pled guilty in CR2010-101366-001 and CR2010-005842-001, admitting two historical priors (possession of burglary tools, marijuana).
- Plea agreement provided for a repetitive-offender sentence in CR2009-007843 and concurrent sentencing with the other case.
- The court conducted a lengthy colloquy, advising rights and the effect of admitting priors; Young affirmatively waived rights.
- Sentences: in CR2010-101366, aggravated 11-year term; in CR2009-007843, 11 years per third-degree burglary with two priors; possession tools sentences presumptive 3.75 years with two priors; all concurrent; CR2010-005842 probation; appeal challenging Rule 17 colloquy.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Rule 17 colloquy satisfied waiver of priors. | Young argues the court failed to advise on trial rights for priors. | Sworn waiver shows rights were described and knowingly waived. | No error; waiver valid and voluntary. |
| Whether any Rule 17 deficiency prejudiced Young. | Without proper colloquy, remand for resentencing might be required. | Even if error, no prejudice shown. | No prejudice; no remand required. |
Key Cases Cited
- State v. Morales, 215 Ariz. 59 (2007) (colloquy required for prior convictions; admissibility of priors must be voluntary and intelligent)
- State v. Anderson, 199 Ariz. 187 (App.2000) (prior must be proven to court; rights explained before waivers under Rule 17)
- State v. Carter, 216 Ariz. 286 (App.2007) (inadequate colloquy may not automatically require resentencing; prejudice required)
- Henderson, 210 Ariz. 561 (2005) (fundamental-error standard; prejudice required to overturn)
