Cited by
Opinions in Arizona that cite State v. Hanson, 674 P.2d 850.
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State v. Perez
Ariz. Ct. App. Div. 1 2026
–05 (App. 1983) (where a conflict exists between the oral pronouncement and the record, the oral pronouncement controls).
- State v. Burress Ariz. Ct. App. Div. 1 2024
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State v. Dudley
Ariz. Ct. App. Div. 1 2024
–05 (App. 1983) ("Where there is a discrepancy between the oral sentence and the written judgment, the oral pronouncement of sentence controls.").
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Distinguished
David C. Shinn v. Az boec/freeman
Ariz. 2022
See, (“A clerical mistake involves a failure to record accurately a statement made or action taken by the court or one of the parties.” (quoting 8A Moore’s Federal Practice ¶ 36.02 at 36–2)).
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State v. Sholes
Ariz. Ct. App. Div. 1 2022
2 STATE v. SHOLES Decision of the Court DISCUSSION ¶5 “Where there is a discrepancy between the oral sentence and the written judgment, the oral pronouncement of sentence controls.” -05 (App. 1983).
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State v. Ruelas
Ariz. Ct. App. Div. 1 2022
STATE v. RUELAS Decision of the Court 304 (App. 1983); see generally Ariz. R. Crim.
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State v. Meraz
Ariz. Ct. App. Div. 1 2022
(“A clerical mistake involves a failure to record accurately a statement made or action taken by the court or one of the parties.”) (quoting 8A Moore’s Federal Practice ¶ 36.02 at 36-2).
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State v. Molina
Ariz. Ct. App. Div. 1 2020
“Where there is a discrepancy between the oral sentence and the written judgment, the oral pronouncement of sentence controls.” -05 (App. 1983); (finding remand for clarification of sentence is appropriate where discrepancy “cannot be resolved by reference to the record”).
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State v. Botsford
Ariz. Ct. App. Div. 1 2020
But unlike the right to counsel, “[s]elf-representation does not further any fair trial interests and is protected solely out of respect for the defendant’s personal autonomy.”
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State v. Runnels
Ariz. Ct. App. Div. 1 2019
(no error when court later modifies a sentence when “its intent is clearly expressed in the record”).
- State v. Hastings Ariz. Ct. App. Div. 1 2018
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State v. Dwyer
Ariz. Ct. App. Div. 1 2016
(“Oral pronouncement in open court controls over the minute entry.”) (-05 (App. 1983)).
- State v. Vincent Ariz. Ct. App. Div. 1 2015
- State v. Champagne Ariz. Ct. App. Div. 1 2015
- State v. Champagne Ariz. Ct. App. Div. 1 2015
- State v. McLemore 288 P.3d 775 Ariz. Ct. App. Div. 1 2012
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State v. McLemore
288 P.3d 775
Ariz. Ct. App. Div. 1 2012
(holding that a defendant is “deemed to have voluntarily waived” the right to proceed pro se when the defendant fails to make an unequivocal and timely assertion of that right).
- State of Arizona v. Francisco Antonio Lopez 279 P.3d 640 Ariz. Ct. App. Div. 2 2012
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State of Arizona v. Francisco Antonio Lopez
279 P.3d 640
Ariz. Ct. App. Div. 2 2012
Ariz. 296, 304-05, -59 (App. 1983) (holding “oral pronouncement of sentence controls” over sentencing minute entry).
- State v. Mason 238 P.3d 134 Ariz. Ct. App. Div. 2 2010
- State v. Mason 238 P.3d 134 Ariz. Ct. App. Div. 2 2010
- State of Arizona v. Dean William Zinsmeyer Ariz. Ct. App. Div. 2 2009
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State of Arizona v. Dean William Zinsmeyer
Ariz. Ct. App. Div. 2 2009
“Where there is a discrepancy between the oral sentence and the written judgment, the oral pronouncement of sentence controls.” State v. Hanson, 138 Ariz. 296, 304-05, -59 (App. 1983); n.3, n.3 (App. 1999).
- State v. Simpson 173 P.3d 1027 Ariz. Ct. App. Div. 1 2007
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State v. Simpson
173 P.3d 1027
Ariz. Ct. App. Div. 1 2007
-05 , -59 (App.1983) ("Where there is a discrepancy between the oral sentence and the written judgment, the oral pronouncement of sentence controls.”).
- State of Arizona v. Virginia L. Ofstedahl Ariz. Ct. App. Div. 2 2004
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State of Arizona v. Virginia L. Ofstedahl
Ariz. Ct. App. Div. 2 2004
¶5 In its order denying the petition, the trial court found Thompson was not controlling, P.2d 520 (1980); P.2d 1320 (App. 1995); P.2d 850 (App. 1983).
- State v. Leon 3 P.3d 968 Ariz. Ct. App. Div. 2 1999
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State v. Leon
3 P.3d 968
Ariz. Ct. App. Div. 2 1999
The oral pronouncement controls, , and the minute entry is amended to delete any reference to repetitive offenses.
- State v. Henry 944 P.2d 57 Ariz. 1997
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State v. Henry
944 P.2d 57
Ariz. 1997
(citing Meeks v. Craven, 482 F.2d 465, 467 (9th Cir.1973)).
- State v. Lacy 929 P.2d 1288 Ariz. 1996
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State v. Lacy
929 P.2d 1288
Ariz. 1996
In determining whether defendant’s admissions were induced by promises, we must examine not only what was said before he gave the statement, see, , but also whether he justifiably relied on any assurances he obtained.
- State v. Ives 927 P.2d 762 Ariz. 1996
- State v. Ives 927 P.2d 762 Ariz. 1996
- Campbell v. Superior Court 871 P.2d 740 Ariz. Ct. App. Div. 1 1994
- Campbell v. Superior Court 871 P.2d 740 Ariz. Ct. App. Div. 1 1994
- State v. Arnoldi 860 P.2d 503 Ariz. Ct. App. Div. 2 1993
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State v. Arnoldi
860 P.2d 503
Ariz. Ct. App. Div. 2 1993
Contrary to the trial court’s oral pronouncement at sentencing, , we note that the minute entry states that the sentence in count one is to be served consecutively to the sentence in count two.
- State v. Binder 826 P.2d 816 Ariz. Ct. App. Div. 1 1992
- State v. Binder 826 P.2d 816 Ariz. Ct. App. Div. 1 1992
- State v. Bowles 841 P.2d 209 Ariz. Ct. App. Div. 1 1992
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State v. Bowles
841 P.2d 209
Ariz. Ct. App. Div. 1 1992
-05 , -59 (App.1983), wherein the court stated: Appellant also contends that even if the trial court had jurisdiction to correct the minute entry, double jeopardy protects him from a subsequent increase in punishment.
- State v. Stanley 809 P.2d 944 Ariz. 1991
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State v. Stanley
809 P.2d 944
Ariz. 1991
“It is for the trial court to resolve conflicting testimony.”
- State v. Vargas-Burgos 783 P.2d 264 Ariz. Ct. App. Div. 2 1989
- State v. Vargas-Burgos 783 P.2d 264 Ariz. Ct. App. Div. 2 1989
- State v. Guerrero 769 P.2d 1014 Ariz. 1989
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State v. Guerrero
769 P.2d 1014
Ariz. 1989
Indeed, the dissent in the court of appeals cites three cases from that court holding that a defendant’s right to trial “within 150 days of his arrest can be waived by failure to object.” Guerrero, 156 Ariz. at 602 , 754 P.2d at 329 (Roll, J., dissenting) ( , 303, (Ct.App.
- State v. Whitney 768 P.2d 638 Ariz. 1989