State v. Garrett
Court | Court of Appeals of Arizona |
Citation | 16 Ariz.App. 427,493 P.2d 1232 |
Docket Number | CA-CIV,No. 2,2 |
Parties | The STATE of Arizona, Petitioner, v. Honorable Lee GARRETT, Judge of the Superior Court, Division Two, Respondent; Theodore Thomas LICAVOLI, Real Party in Interest. 1160. |
Decision Date | 23 February 1972 |
Rose Silver, Pima County Atty. by Jon R. Cooper, Deputy County Atty., Tucson, for petitioner.
Messing, Hirsh & Franklin by Robert J. Hirsh, Tucson, for real party in interest.
This is a special action wherein the petitioner questions respondent's authority to grant bail to the real party in interest. (Defendant in three pending criminal prosecutions.) On January 20, 1972, a grand jury indictment was filed before the Honorable Alice Truman, Judge of the Superior Court of Pima County charging the real party in interest with the crime of forgery of a credit card. At that time Judge Truman ordered that the real party in interest be held for trial on the grand jury indictment without bond on the basis that at the time of the commission of the offense alleged in the indictment the defendant had already been admitted to bail in Pima County Cause No. A-19541, charging him with armed robbery allegedly committed on the 2nd day of May, 1971, and had furthermore been admitted to bail in Pima County Cause No. A-20322, charging him with three counts of forgery allegedly committed on Octoer 28, 1971, October 29, 1971 and November 1, 1971.
On January 24, 1972, subsequent to the order of Judge Truman, a motion was filed by the defendant to admit him to bail. This motion was heard before the respondent, Judge Lee Garrett, who entered an order setting the defendant's bond at $2,000.
Petitioner has filed this special action contending that Article 2, Section 22 of the Constitution of the State of Arizona, A.R.S. prohibits the court from granting bail in a case such as this. Real party in interest contends that the constitutional amendment is not mandatory, but it is only discretionary and that the interpretation of the Constitution advocated by petitioner would violate the Eighth Amendment to the United States Constitution.
Article 2, Section 22 of the Constitution of the State of Arizona reads as follows:
'Section 22. All persons charged with crime shall be bailable by sufficient sureties, except for:
1. Capital offenses when the proof is evident or the presumption great.
2. Felony offenses, committed when the person charged is already admitted to bail on a separate felony charge and where the proof is evident or the presumption great as to the present charge.'
We believe that the alleged constitutional infirmities have been decided adversely to the real party in interest by the Arizona Supreme Court in Rendel v. Mummert, 106 Ariz. 233, 474 P.2d 824 (1970). In Rendel the court cited Carlson v. Landon, 342 U.S. 524, 72 S.Ct. 525, 96 L.Ed. 547 (1952) which contained the following analysis of the bail provision in the Eighth Amendment of the United States Constitution:
342 U.S. at 545-546, 72 S.Ct. at 536.
The court in Rendel also cited with approval federal cases which hold that there is no federal constitutional right to bail. Fernandez v. United States, 81 S.Ct. 642, 5 L.Ed.2d 683 (1961); Mastrian v. Hedman, 326 F.2d 708 (8th Cir.), cert. denied, 376 U.S. 965, 84 S.Ct. 1128, 11 L.Ed.2d 982 (1964). This is true whether the attack is based upon Eighth Amendment grounds or upon the due process clauses of the Fifth and Fourteenth Amendments. See Mitchell, Bail Reform and the Constitutionality of Pretrial Detention, 55 Va.L.Rev. 1223 (1969); Note, Preventive Detention, 36 Geo.Wash.L.Rev. 178 (1967).
Whether or not one charged with a felony...
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Hernandez v. Lynch, 1 CA-SA 07-0092.
...process. See, e.g., Carlson, 342 U.S. at 545, 72 S.Ct. 525; Simpson, 207 Ariz. at 269, ¶ 25, 85 P.3d at 486; see also State v. Garrett, 16 Ariz.App. 427, 428-29, 493 P.2d 1232, 1233-34 (1972) ("Whether or not one charged with a felony is to be admitted to bail, or, if bail is fixed, what am......
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Simpson v. Owens, 1 CA-SA 03-0188.
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Morreno v. Brickner
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