STATE of Arizona, Petitioner,
v.
Hons. Sean E. BREARCLIFFE, Garye L. Vasquez, and Karl C. Eppich, Judges of the State of Arizona, in and for Court of Appeals, Division Two, Respondents,
Phillip Mathew Johnson, Real Party in Interest.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Amy P. Knight (argued), Knight Law Firm, PC, Tucson, Attorney for Phillip Matthew Johnson.
Pima County Public Defender's Office, Sarah L. Mayhew (argued), Deputy Public Defender, Tucson; and Pima County Legal Defender's Office, Robb P. Holmes , Deputy Legal Defender, Tucson, Attorneys for Amici Curiae Pima County Public Defender's Office and Pima County Legal Defender's Office.
JUSTICE BEENE authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK, LOPEZ, MONTGOMERY, and KING joined.
JUSTICEBEENE, Opinion of the Court:
¶1 Under A.R.S. § 13-4033(C),1 if a defendant's absence prevents sentencing from occurring within ninety days after conviction, the defendant cannot appeal unless it is proven "by clear and convincing evidence at the time of sentencing that the absence was involuntary."...
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