Shenah v. Henderson
| Citation | 106 Ariz. 399,476 P.2d 854 |
| Decision Date | 19 November 1970 |
| Docket Number | No. 10145--PR,10145--PR |
| Parties | Edward Bobby SHENAH, Petitioner, v. Laurens L. HENDERSON, Judge of the Superior Court, Maricopa County, Wilson D. Palmer, Clerk of the Superior Court, Maricopa County, Alvis L. and Hazel Lee Logan, real parties in interest, Respondents. |
| Court | Arizona Supreme Court |
Theodore Matz, Phoenix, for petitioner.
William Carter, Deputy Maricopa County Atty., Phoenix, for respondent Judge.
Petitioner was convicted of misdemeanor manslaughter under § 13--456, subsec. A, par. 3(b). The charge against petitioner was the result of an automobile accident which resulted in the death of Janice Logan. Prior to sentencing a mitigation hearing was held at which time petitioner, through his attorney, expressed his willingness to pay a reasonable amount to the parents of the deceased girl to held defray the expenses of their loss. The trial judge entered an order placing petitioner on probation subject to petitioner's paying $2500 to the parents of the deceased girl. In its order the court said:
'The Court FINDS there are such mitigating and other circumstances to warrant the imposition of sentence for a period of one year from this date on the following terms and conditions:
1. That the defendant personally pay to the parents of the decedent Janice Logan the sum of $2500.00 which shall be in addition to any money paid under the automobile policy; all payments are to be made through the office of the Clerk of the Superior Court.'
This order was modified on March 20, 1970 to the extent that payment was to be made no later than May 29, 1970. On May 12, 1970 a hearing on revocation of petitioner's probation was to be held; however, on this date petitioner paid the sum of $2500 to the Clerk of the Superior Court. Subsequently, on May 18, 1970, petitioner obtained a temporary restraining order preventing the distribution of the money to the parents of the deceased girl. Petitioner then filed a petition for Special Action with the Court of Appeals urging that the trial judge acted without jurisdiction and abused his discretion when he conditioned petitioner's probation upon petitioner's paying $2500 in reparations to the parents of the deceased girl. The petition was denied.
Petitioner now comes before this Court with a Petition for Review. It is petitioner's contention that the trial judge abused his discretion and acted in excess of his jurisdiction in setting the amount at $2500 because the trial judge 'had no evidence or facts before him as to the amount of injury suffered by the parents of Janice Logan nor did the court have any evidence before it as to the amount of recovery by the parents of Janice Logan under the automobile insurance policy.'
In the instant case petitioner was found guilty of vehicular manslaughter under A.R.S. § 13--456, subsec. A, par. 3(b). The trial judge, however, found that in view of the mitigating circumstances petitioner should be placed on probation pursuant to A.R.S. § 13--1657 which provides in part:
'A. If it appears that there are circumstances in mitigation of the punishment, or that the ends of justice will be subserved thereby, the court may, In its discretion, place the defendant upon probation in the manner following:
1. The court may suspend the imposing of sentence and may direct that the suspension continue for such period of time, not exceeding the maximum term of sentence which may be imposed, And upon such terms and conditions as the court determines. * * *' (Emphasis ours).
There is no dispute that under A.R.S. § 13--1657 a judge may condition probation or suspension of sentence upon the defendant's making reparation. See Redewill v. Superior Court, 43 Ariz. 68, 29 P.2d 475 (1934). It is also clear that the suspension of...
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People v. Deadmond, 82SA367
...conduct but which contain no restrictive language regarding to whom such payments should be made. See, e.g., Shenah v. Henderson, 106 Ariz. 399, 476 P.2d 854 (1970) (defendant convicted of manslaughter required to make reparation payments of $2,500 to the parents of the deceased; Ariz.Rev.S......
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State v. Lack
...of damage known to the sentencing judge at the time the condition is imposed or request a hearing to fix the amount. Shenah v. Henderson, 106 Ariz. 399, 476 P.2d 854 (1970). A sentencing hearing, however, is not a trial and the strict evidentiary rules which govern the proceedings in which ......
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Shore v. Edmisten
...criminal trial itself may not be conducted to decide the question of how much damage or loss has been suffered. In Shenah v. Henderson, 106 Ariz. 399, 476 P.2d 854 (1970) the fact that there had been a presentence report and a mitigation hearing was held to support the court's determination......
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State v. Yost
...warrant reproduction: "One line of cases extends payment of restitution beyond the immediate victim of the crime. Shenah v. Henderson, 106 Ariz. 399, 476 P.2d 854 (1970); People v. Bond, 99 Mich.App. 86, 297 N.W.2d 620 (1980); State v. Green, 29 N.C.App. 574, 225 S.E.2d 170, cert. denied, 2......