Cited by

Yug, 252 Ariz. at 205, ¶ 4 (“The court’s sentencing authority originates from ‘legislative mandates regarding sentencing, and discretion may be exercised only within the parameters determined by the legislature.’”) (citation omitted); ¶ 9 (App. 2009) (“[The court] must proceed in the manner and upon the conditions imposed by the law.”); (“The sentencing court has no discretion to substitute its own judgment for that of the legislature.”).

An illegal sentence does not comply with “the mandatory provisions of a sentencing statute.”

The court’s sentencing authority originates from “legislative mandates regarding sentencing, and discretion may be exercised only within the parameters determined by the legislature.” State v. Vargas–Burgos, (citations omitted).

¶ 19 (2005); see also State v. Vargas–Burgos, (legality of sentence may be properly appealed despite failure to object in trial court).

(court may only impose sentence authorized by statute).

(finding appellate court could correct sentencing error that benefitted defendant even though state had failed to object in trial court because state had filed cross-appeal).

and therefore properly appealable.”); -27 , -67 (App.1989) (holding that a sentence not in compliance with the mandatory provisions of a sentencing statute was illegal and appealable).

¶16 Quoting this court’s the state nonetheless argues that the October 1 expungement order was void because, “when a sentencing court fails to abide by the mandates of the 8 applicable statute, it has exceeded its jurisdiction.” And a judgment is void whe

¶ 16 Quoting this court’s , the state nonetheless argues that the October 1 expungement order was void because, “when a sentencing court fails to abide by the mandates of the applicable statute, it has exceeded its jurisdiction.” And a judgment is void when the court exceeds its jurisdiction.

And we have held that the “[i]mposition of an illegal sentence constitutes fundamental error.” 1 Although Joyner had argued in a sentencing memorandum that “on the current state of the record probation is still mandatory .

(sentence illegal if in violation of statutory mandates); , (sentence illegal if not in compliance with mandatory provisions of statute); , (sentence unlawful if not within statutory provisions).

(claim that sentence is illegal is not waived by defendant’s failure to object in trial court).

(trial court has no subject matter juris diction to impose sentence except as mandated by statute).

In response, the defendant, , contends that, since the penalty assessment provided for in section 13-812 was not a permitted term of probation, the trial court did not have subject matter jurisdiction.