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HOFFMAN v. CHANDLER EX REL. COUNTY OF PIMA

No. CV-12-0149-PR.

295 P.3d 939 (2013)

Frank HOFFMAN, Petitioner, v. The Honorable Terry L. CHANDLER, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF PIMA, Respondent Judge, The State of Arizona; Tucson City Prosecutor's Office, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

March 5, 2013.

Attorney(s) appearing for the Case

Mary C. Trejo , Tucson Public Defender By Kristina J. Bohn , Deputy Public Defender, Tucson, Attorney for Frank Hoffman.

Michael G. Rankin , Tucson City Attorney By Baird S. Greene , Deputy City Attorney, William F. Mills , Principal Assistant, Prosecuting City Attorney, Tucson, Attorneys for State of Arizona and Tucson City Prosecutors Office.

OPINION

TIMMER, Justice.

¶ 1 Subsection (A)(3) of A.R.S. § 13-4033 authorizes a defendant to appeal a post-judgment order that affects substantial rights, while subsection (B) prohibits a defendant in noncapital cases from directly appealing any judgment or sentence entered pursuant to a plea agreement. We today hold that subsection (B) bars a defendant from directly appealing a contested post-judgment restitution

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