State v. Robinson
| Decision Date | 28 June 1984 |
| Docket Number | No. 1,CA-CR,1 |
| Citation | 142 Ariz. 296,689 P.2d 555 |
| Parties | STATE of Arizona, Appellee, v. William Robert ROBINSON, Appellant. 6703. |
| Court | Arizona Court of Appeals |
This is an appeal from the trial court's order revoking appellant's probation and imposing a five year sentence of imprisonment. Counsel for appellant has filed an appeal in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967) and State v. Powell, 5 Ariz.App. 51, 423 P.2d 127 (1967), and requests this court to search the record for fundamental error pursuant to A.R.S. § 13-4035. After the filing of counsel's brief, this court entered an order granting appellant an additional period of time within which to file his own supplemental brief raising any additional points he might choose to bring to this court's attention. Appellant has timely filed a supplemental brief and the state has filed an answering brief.
On October 17, 1980, appellant was adjudged guilty of the crime of negligent homicide, a class four felony, in violation of A.R.S. §§ 13-1102, 1101, 701, 702, 801, 28-444 and 28-445. The trial court ordered that imposition of sentence be suspended for a period of four years and that appellant be placed under the supervision of the Adult Probation Department.
A petition to revoke probation was filed two years later, alleging that appellant had violated terms number 1, 2, 14 and 15 of his probation by:
Term #1: The defendant committed the crime of Shoplifting, a misdemeanor, on or about August 1, 1982.
Term #2: The defendant failed to report to the probation officer on August 9 and 25, 1982 as directed by the probation officer. Last date reported was August 3, 1982.
Term #14: The defendant has failed to pay restitution through the Clerk of the Superior Court of Maricopa County in regular monthly payments of $162.38 each month as ordered by the court.
Term #15: The defendant has failed to pay a fine to the Clerk of the Superior Court of Maricopa County in regular monthly payments of $25.00 each month as ordered by the court.
A revocation arraignment was held on November 15, 1982. At that time appellant admitted violating terms number 14 and 15 of his probation. The allegations of violations of terms 1 and 2 were withdrawn by the state. Prior to accepting appellant's admissions, the trial court personally addressed him and determined that the admissions were knowingly, intelligently and voluntarily entered and that there was a factual basis for the admissions.
On November 23, 1982, a disposition hearing was held wherein the trial court entered its judgment that appellant had violated the terms and conditions of his probation. The court ordered that appellant's probation be revoked and that he be committed to the Department of Corrections to be imprisoned for the maximum term of five years, with credit for 201 days of presentence incarceration. Sentence was to commence on that date.
Since the allegations that appellant had violated terms 1 and 2 of his probation were withdrawn, the sole basis for revoking probation in this case was appellant's failure to complete payments of a fine and restitution. In Bearden v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983), the United States Supreme Court held that when the sole basis for revoking probation is the failure to pay a fine or restitution, the sentencing court may only sentence the probationer to prison in very limited circumstances. The court held:
that in revocation proceedings for failure to pay a fine or restitution, a sentencing court must inquire into the reasons for the failure to pay. If the probationer willfully refused to pay or failed to make sufficient bona fide efforts legally to acquire the resources to pay, the court may revoke probation and sentence the defendant to imprisonment within the authorized range of its sentencing authority. If the probationer could not pay despite sufficient bona fide efforts to acquire the...
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State v. Hill
...1993), held that a violation must be wilful before probation may be revoked. The court in that case relied on State v. Robinson, 142 Ariz. 296, 297-98, 689 P.2d 555 (App. 1984), in which the court had held that a revocation of probation based solely on a failure to pay fines was unconstitut......
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State v. Guadagni
...court-ordered payments could constitute a probation violation and result in jail time or imprisonment. See State v. Robinson, 142 Ariz. 296, 297-98, 689 P.2d 555, 556-57 (App.1984) (court may revoke probation for failure to pay restitution after considering probationer's ability to pay). Th......
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State v. Ojeda
...the ability to pay the fines and fees. See Beardon v. Georgia, 461 U.S. 660, 103 S.Ct. 2064, 76 L.Ed.2d 221 (1983); State v. Robinson, 142 Ariz. 296, 689 P.2d 555 (App.1984). The court of appeals, however, affirmed the probation revocation and the sentence because, of the six original alleg......
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State v. Nash
...court cannot revoke probation if the defendant was not aware and could not have been aware of the condition); State v. Robinson, 142 Ariz. 296, 297-98 (App. 1984) (determining in case involving revocation for failure to pay fines that court cannot revoke probation and sentence defendant to ......