State v. Thomas

While I agree with the majority in upholding the conviction, I would modify the sentence by striking the $8.00 time payment fee.

Thomas committed the crime prior to the effective date of A.R.S. § 12-116 which generates the $8.00 time payment fee. Pursuant to A.R.S. § 1-246, an offender may be punished only under the law in force when the offense was committed. This principle reflects basic constitutional law. Here, A.R.S. § 12-116 was not in force when the offense was committed.

The majority relies on State v. Weinbrenner, 164 Ariz. 592, 795 P.2d 235 (App.1990), which held that the $8.00 time…