State v. Kendrick

OPINION

NORRIS, Judge.

¶ 1 The issue in this appeal is whether a probationer’s unauthorized removal of an electronic monitoring device, required as a condition of probation, constitutes escape in violation of Arizona Revised Statute (“A.R.S.”) section 13-2503(A)(2) (Supp.2012).1 We hold it does not. Accordingly, we reverse Justin Scott Kendrick’s conviction for escape, vacate the superior court’s finding that he violated his probation, and remand for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 In 2008, Kendrick pled guilty in Mari-copa County Superior…