State v. Pena
Cited by
- State of Arizona v. Edwardo Serrato III Ariz. 2025
- Whitestar v. Medmen Ariz. Ct. App. 2023
- State of Arizona v. Kevin Artice Miles 414 P.3d 680 Ariz. 2018
- David Garcia v. State of Arizona 146 P.3d 1007 Ariz. Ct. App. 2006
- State v. Pena 104 P.3d 873 Ariz. Ct. App. 2005
- State v. Munninger 104 P.3d 204 Ariz. Ct. App. 2005
- State of Arizona v. Rene A. Sanchez Ariz. Ct. App. 2004
- State v. Fell 52 P.3d 218 Ariz. Ct. App. 2002
- State v. Ossana 18 P.3d 1258 Ariz. Ct. App. 2001
- State v. Johnson 991 P.2d 256 Ariz. Ct. App. 1999
- State v. Garcia 943 P.2d 870 Ariz. Ct. App. 1997
- State v. Tarango 914 P.2d 1300 Ariz. 1996
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Henderson 650 P.2d 1241
- State v. Pena 683 P.2d 744
Opinion text
HOLOHAN, Chief Justice. The appellant Sebastian Pena escaped from the Maricopa County Jail where he had been confined awaiting trial on eight felony charges in case CR-124947. He was subsequently apprehended and indicted for escape in violation of A.R.S. § 13-2503. The appellant pled guilty to the escape charge and admitted two prior felony convictions. He was sentenced to the presumptive term of five years with the sentence to run consecutively to the sentence imposed in case CR-124947. The appellant filed a timely appeal raising the single issue whether a mandatory consecutive sentence is required by A.R.S. § 13-2503 under the circumstances of this case. The court of appeals held that a mandatory consecutive sentence was not required, set aside the sentence and remanded the case for resentencing. We accepted the state’s petition for review to resolve the conflict between this case and State v. Henderson, 133 Ariz. 259 , 650 P.2d 1241 (App.1982). The analysis of the statute, A.R.S. § 13-2503, by the court of appeals in the instant case appears to be well reasoned and correct; therefore, we overrule the holding in State v. Henderson, supra. We approve and adopt the decision of the court of appeals in this case. State v. Sebastian Pena, 140 Ariz. 545 , 683 P.2d 744 (App. 1983). GORDON, Y.C.J., and HAYS, CAMERON and FELDMAN, JJ., concur.