State v. Emanuel

OPINION

EUBANK, Judge.

Where a trial judge personally investigates a defendant’s background, ex parte, prior to sentencing, must he recuse himself from sentencing? We hold that he must.

This is an appeal by appellant from the judgment of conviction and her presumptive sentence to a term of imprisonment for five years imposed for one count of theft, a class 3 felony, in violation of A.R.S. §§ 13-1801, 13-1802.

Appellant was charged by indictment with eight felony counts. Pursuant to a plea agreement, she pled guilty to count two, theft, a class 3 felony. The victim of the theft was the clerk of…