Heath v. Kiger

OPINION

McGREGOR, Chief Justice.

¶ 1 Under Article 2, Section 22, of the Arizona Constitution, persons charged with a crime can be released on bail except in limited circumstances. One such circumstance occurs when a person charged with a felony offense “is already admitted to bail on a separate felony charge and ... the proof is evident or the presumption great as to the present charge.” Ariz. Const, art. 2, § 22.-A.2 (emphasis added). We hold that a defendant released on her own recognizance has been “admitted to bail” for purposes of Article 2, Section 22.A.2.

I

¶ 2 On April 5, 2005, Sarah M.…