Legal Opinion
State v. Sirny
Court of Appeals of Arizona
Decided January 17, 1989No. 1 CA-CR 11928PublishedCited by 11 opinions
1Opinion of the Court
OPINION
KLEINSCHMIDT, Judge.
The question presented is whether a jail sentence may be imposed as a condition of probation for offenders in the deferred prosecution program established by A.R.S. § 13-3601 (Supp.1988), the statute dealing with domestic violence. We hold that a jail sentence is not authorized under the statute.
Joe M. Simy was arrested in July of 1987 for beating the woman with whom he was living. He was originally charged with aggravated assault, a Class 3 felony, in violation of A.R.S. § 13-1204(A)(1) and (B). Sirny agreed to plead guilty pursuant to North Carolina v. Alford, 400…
2Cases cited8 opinions
- Anders v. CaliforniaSupreme Court of the United States · 1967
- North Carolina v. AlfordSupreme Court of the United States · 1970
- State v. SweetArizona Supreme Court · 1985
- State v. PenaCourt of Appeals of Arizona · 1983
- Cawley v. Arizona Bd. of Pardons and ParolesCourt of Appeals of Arizona · 1984
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Vo v. Superior CourtCourt of Appeals of Arizona · 1992
- State Ex Rel. McDougall v. StrohsonArizona Supreme Court · 1997
- State v. JohnsonCourt of Appeals of Arizona · 1992
- State v. PerezCourt of Appeals of Arizona · 1992
- State v. MathieuCourt of Appeals of Arizona · 1990
6 more not listed; retrieve them via the Exa API.