State of Arizona v. Manuel David Perez-Gutierrez1 min read

Arizona Supreme Court: State v. Perez-Gutierrez    Case No. CR-23-0137-PR    Filed May 31, 2024

ISSUES:

1. Whether a violation of A.R.S. § 13-711(A), which requires courts to explain certain sentencing decisions on the record, is subject to fundamental-error review, structural-error review, or a limited-remand practice.
2. The appropriate remedy for a violation of § 13-711(A) when a defendant does not object at trial.

DECISION:

1. The Court held that violations of § 13-711(A) are neither structural nor fundamental errors, but rather administrative errors that can be corrected without affecting the disposition.
2. The Court determined that a limited remand for the purpose of statutory compliance is the appropriate remedy, without requiring resentencing.

Synopsis:
The Arizona Supreme Court addressed the issue of how to handle violations of A.R.S. § 13-711(A), which requires courts to explain their reasons for imposing consecutive or concurrent sentences. The Court adopted a limited-remand practice, allowing the trial court to correct its administrative error by explaining its sentencing determination on the record without disturbing the original sentence. The Court provided guidance for future cases, encouraging defendants to object to perceived errors during sentencing and suggesting the use of Arizona Rule of Criminal Procedure 24.3(a) to correct § 13-711(A) violations prior to appellate review.

Outcome of the Case:
The Court vacated the Court of Appeals’ opinion and remanded the case with instructions to suspend the appeal and revest jurisdiction in the trial court for the limited purpose of stating its sentencing reasons on the record.