State v. Payne

OPINION

PELANDER, Judge.

¶ 1 These three consolidated appeals present a common issue of first impression and statewide importance: may a superior court impose on a convicted felon at sentencing a “prosecution fee” pursuant to a county ordinance? In each of the three eases, pursuant to Pinal County Ordinance 91097-PS, the trial court assessed against the defendant a discretionary $1,000 prosecution fee that is payable to the county and deposited to a fund that directly benefits the Pinal County Attorney’s Office.

¶ 2 On appeal, defendants/appellants Stetson Payne, Channtell Nelson, and Susan…