A person, while in the custody of the state department of corrections, the department of juvenile corrections, a law enforcement agency or a county or city jail, who commits an assault involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or who intentionally or knowingly inflicts serious physical injury upon another person is guilty of a class 2 felony. If the person is an adult or is a juvenile convicted as an adult pursuant to section 8-327 or 13-501 or the rules of procedure for the juvenile court, the person shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis until the sentence imposed by the court has been served or commuted. A sentence imposed pursuant to this section shall be consecutive to any other sentence presently being served by the convicted person.
Notes of Decisions
Cited in
36
cases, 1966–2015 · leading case:
State v. Marquez, 618 P.2d 592 (Ariz. 1980).
State v. Marquez, 618 P.2d 592 (Ariz. 1980).
· cites it 35× “On 2 August 1979, defendant Mario David Marquez was convicted of a violation of A.R.S. § 13-1206, Dangerous or Deadly Assault By a Prisoner.”
State v. Garcia, 685 P.2d 734 (Ariz. 1984).
· cites it 34× “A.R.S. § 13-1206. The sentences were to run consecutively *99 with the sentence he was already serving.”
State v. Mulalley, 618 P.2d 586 (Ariz. 1980).
· cites it 30× “On 23 July 1979, defendant Michael James Mulalley was convicted by a jury of two violations of A.R.S. § 13-1206, dangerous or deadly assault by a prisoner.”
State v. Goswick, 691 P.2d 673 (Ariz. 1984).
· cites it 28× “He was sentenced to the mandatory term of life imprisonment without possibility of parole for twenty-five years for the assault under the provisions of A.R.”
State v. Broughton, 752 P.2d 483 (Ariz. 1988).
· cites it 21× “Defendant was sentenced to a mandatory, consecutive life sentence pursuant to A.R.S. § 13-1206 as it existed at the time of the offense and now appeals.”
State v. Gonzales, 687 P.2d 1267 (Ariz. 1984).
· cites it 24× “We granted the motion to transfer the case to this court.”
State v. Harding, 670 P.2d 383 (Ariz. 1983).
· cites it 10× “See A.R.S. § 13-1206. As to the charges in the instant case, the defendant insisted on serving as his own counsel, and the trial court ordered a public defender to act as advisory counsel.”
State v. Newman, 688 P.2d 180 (Ariz. 1984).
· cites it 20× “A.R.S. § 13-1206 provides: “A person, while in the custody of the department of corrections, a law enforcement agency or county or city jail, who commits an assault using or exhibiting a deadly weapon or dangerous instrument or who intentionally or knowingly inflicts serious…”
State v. McNair, 687 P.2d 1230 (Ariz. 1984).
· cites it 8× “2d 1132 (1980); A.R.S. § 13-1206. [1] For armed robbery with two prior burglary convictions a defendant could receive a maximum sentence of twenty-eight years, with eighteen years and eight months minimum "flat time.”
State v. Noriega, 690 P.2d 775 (Ariz. 1984).
· cites it 8× “Furthermore, appellant's sentence is proportional to those imposed for other and similar crimes in this jurisdiction.”
State v. Perkins, 699 P.2d 364 (Ariz. 1985).
· cites it 10× “2d at 589 (acknowledgment in dictum that consecutive sentences would be proper, pursuant to A.R.S. § 13-1206, a recidivist statute with an identical provision).”
State v. Williams, 698 P.2d 724 (Ariz. 1985).
· cites it 16× “A.R.S. § 13-1206. He was sentenced to a term of life imprisonment under the provisions of pre-amendment A.”
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