829 P.2d 1212 (Ariz. 1992), CR-91-0156, State v. Bousley

Docket Nº:CR-91-0156-PR, CR-91-0297-PR.
Citation:829 P.2d 1212, 171 Ariz. 166
Opinion Judge:[10] Corcoran
Party Name:STATE of Arizona, Appellee, v. Kirk Anthony BOUSLEY, Appellant. STATE of Arizona, Appellee, v. Samuel Henry ELLISON, Appellant.
Attorney:[7] Grant Woods, Atty. Gen. by Jessica Gifford Funkhouser, Former Chief Counsel, Criminal Div., Ronald L. Crismon, Joseph T. Maziarz, Susanna C. Pineda, Asst. Attys. Gen., Janet Keating, Former Asst. Atty. Gen., Phoenix, for State. [8] Dean W. Trebesch, Maricopa County Public Defender by Carol A....
Case Date:April 16, 1992
Court:Supreme Court of Arizona
 
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Page 1212

829 P.2d 1212 (Ariz. 1992)

171 Ariz. 166

STATE of Arizona, Appellee,

v.

Kirk Anthony BOUSLEY, Appellant.

STATE of Arizona, Appellee,

v.

Samuel Henry ELLISON, Appellant.

Nos. CR-91-0156-PR, CR-91-0297-PR.

Supreme Court of Arizona.

April 16, 1992

In Banc.

Grant Woods, Atty. Gen. by Jessica Gifford Funkhouser, Former Chief Counsel, Criminal Div., Ronald L. Crismon, Joseph T. Maziarz, Susanna C. Pineda, Asst. Attys. Gen., Janet Keating, Former Asst. Atty. Gen., Phoenix, for State.

Dean W. Trebesch, Maricopa County Public Defender by Carol A. Carrigan, Stephen R. Collins, Deputy Public Defenders, Phoenix, for appellants.

OPINION

CORCORAN, Justice.

In this consolidated proceeding, we review two court of appeals opinions that addressed the same issue but reached opposite conclusions. State v. Bousley, 169 Ariz. 389, 819 P.2d 975 (App.1991); State v. Ellison, 169 Ariz. 424, 819 P.2d 1010 (App.1991). We have jurisdiction under Ariz. Const. art. 6, § 5(3) and A.R.S. § 12-120.24.

Factual and Procedural History

On January 5, 1990, a Maricopa County Grand Jury indicted codefendants Kirk Anthony Bousley and Samuel Henry Ellison on numerous counts of armed robbery. Bousley and Ellison later entered into separate written plea agreements. Both Bousley and Ellison now appeal the convictions that were based on their pleas.

  1. Bousley

    Pursuant to his plea agreement, Bousley pleaded no contest to two counts of armed robbery under A.R.S. § 13-1904, each a class 2 felony, committed while on probation and with one prior felony conviction. At the time he entered his pleas, the court advised Bousley of all of his constitutional rights, which he waived. Based on his pleas, the court sentenced Bousley to an aggravated term of 15 years flat time on each count, the sentences to run concurrently with each other but consecutively to the sentence resulting from his probation violation.

    On appeal, Bousley cited State v. Rodriguez, 164 Ariz. 107, 791 P.2d 633 (1990), and argued that the factual bases for his pleas did not support his convictions and sentences. The court of appeals agreed and vacated Bousley's pleas, reversed his convictions and sentences, and remanded the cause for further proceedings.

    Page 1213

    [171 Ariz. 167] In vacating Bousley's plea, the court of appeals found insufficient the following factual bases provided by the state at the change of plea hearing. On December 27, 1989...

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