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STATE v. HANSEN

No. CR-06-0459-PR.

160 P.3d 166 (2007)

STATE of Arizona, Appellee, v. Karen Marie HANSEN aka Karen Marie Kennedy, Appellant.

Supreme Court of Arizona, En Banc.

May 30, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Sherman Jensen PC by Sherman Jensen, Prescott, Attorney for Karen Marie Hansen.

OPINION

McGREGOR, Chief Justice.

¶ 1 Arizona Revised Statutes (A.R.S.) section 13-804.D (2001) directs that "[r]estitution payments . . . shall not be stayed if the defendant files a notice of appeal, and the payments may be held by the court pending the outcome of an appeal." Arizona Rule of Criminal Procedure 31.6 provides in relevant part that "[a] sentence to pay a fine or restitution shall be stayed pending appeal." This case requires us to decide...

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