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eBook details

• Title: Spelbring v. Pinal County
• Author : Arizona Court of Appeals
• Release Date : January 14, 1983
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 54 KB

Description

While this appeal was pending, the Arizona Supreme Court issued its opinion in State v. Fettis, 136 Ariz. 58, 664 P.2d 208 (1983), holding that in the absence of extraordinary circumstances, a sentence may not be imposed on a convicted defendant in absentia. The court further held that its decision should have "prospective application" only. Although the Arizona cases construing the meaning of "prospective application" have produced inconsistent results, the supreme court has recently indicated that prospective application means that a decision applies to cases on appeal on the date the decision is rendered as well as to cases tried after that date. State v. Nunez, 135 Ariz. 257, 660 P.2d 858 (1983). On the basis of Nunez, Division One of this court has held that Fettis applies to cases pending on appeal on April 28, 1983, the date the decision was handed down. State v. LeMaster, 137 Ariz. 159, 669 P.2d 592 (1983). Inasmuch as this appeal was pending on the date of the supreme courts decision, and in the absence in the record of any extraordinary circumstances, we concur that Fettis requires us to vacate appellants sentence.

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