State v. Hansen

OPINION

McGREGOR, Chief Justice.

¶ 1 Arizona Revised Statutes (A.R.S.) section 13-804.D (2001) directs that “[r]estitution payments ... shall not be stayed if the defendant files a notice of appeal, and the payments may be held by the court pending the outcome of an appeal.” Arizona Rule of Criminal Procedure 31.6 provides in relevant part that “[a] sentence to pay a fine or restitution shall be stayed pending appeal.” This case requires us to decide whether A.R.S. § 13-804.D and Rule 31.6 conflict and, if so, which provision controls. For the reasons stated below, we hold that these provisions…