Arizona Supreme Court: No. CR-23-0042-PR Filed January 23, 2024
State of Arizona v. Daniel Louis Santillanes
ISSUES: Whether A.R.S. § 36-2862(F) precludes the State’s right to appeal under A.R.S. § 13-4032(4); whether an expungement order pertaining to records of a felony conviction affects the substantial rights of the State.
DECISION: The court held that § 36-2862(F) does not preclude the State’s right to appeal under § 13-4032(4). The court concluded that an expungement order pertaining to records of a felony conviction does affect the substantial rights of the State. The State has a substantial right to ensure that defendants face the legal consequences of their convictions, including the use of prior felony convictions for sentence enhancement and the deprivation of certain civil rights.
The case highlights principles of statutory interpretation, including avoiding implied repeals and harmonizing statutes when possible. The court reasoned that repeals by implication are not favored, and there is a reasonable construction that gives effect to both statutes.