State v. Beltran

OPINION

VOSS, Presiding Judge.

The sole issue on appeal is whether defendant, Victor Martin Beltran, was properly ordered to pay a 40% penalty assessment (surcharge) pursuant to Ariz.Rev.Stat.Ann. (A.R.S.) § 41-2403 as amended, or whether the trial court should have ordered him to pay a 37% surcharge as required by section 41-2403 when he committed the offense. We find that the trial court improperly required defendant to pay the surcharge required by the amended statute and remand with instructions.

Section 41-2403 provides that in addition to any other penalty assessment provided by law, there…