13-714. Offenses committed with intent to promote, further or assist a criminal street gang
A person who is convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang shall not be eligible for suspension of sentence, probation, pardon or release from confinement on any basis except as authorized by section 31-233, subsection A or B until the sentence imposed by the court has been served, the person is eligible for release pursuant to section 41-1604.07 or the sentence is commuted. The presumptive, minimum and maximum sentence for the offense shall be increased by three years if the offense is a class 4, 5 or 6 felony or shall be increased by five years if the offense is a class 2 or 3 felony. The additional sentence imposed pursuant to this section is in addition to any enhanced sentence that may be applicable.
Notes of Decisions
Cited in
13
cases (
5 in the last 5 years), 2015–2024 · leading case:
State v. Harm, 340 P.3d 1110 (Ariz. Ct. App. 2015).
State v. Harm, 340 P.3d 1110 (Ariz. Ct. App. 2015).
· cites it 24× “At sentencing, Harm’s conviction was enhanced pursuant to AR.S. § 13-714, which applies when a person “is convicted of committing any felony offense with the intent to promote, further or assist any criminal conduct by a criminal street gang.”
State v. Juarez (Ariz. Ct. App. 2022).
· cites it 11× “§ 13-708(D), plus five for intending to promote, further, or assist a criminal street gang, A.R.S. § 13-714. ¶5 Juarez appealed. We have jurisdiction under Article 6, Section 9, of the Arizona Constitution and A.”
State v. Kemp (Ariz. Ct. App. 2023).
· cites it 9× “§ 13- 708(C); A.R.S. § 13-714. At sentencing, though still represented by counsel, Kemp submitted a pro per “Motion for Mistrial,” which the court denied.”
State v. Benitez (Ariz. Ct. App. 2020).
· cites it 7× “” See A.R.S. § 13-714. ¶10 The superior court sentenced Benitez as a category three repetitive offender to enhanced, concurrent terms of imprisonment on all counts, the longest of which was fifteen years.”
State v. Benitez (Ariz. Ct. App. 2021).
· cites it 7× “” See A.R.S. § 13-714. ¶10 The superior court sentenced Benitez as a category three repetitive offender to enhanced, concurrent terms of imprisonment on all 3 STATE v.”
State v. Rodriguez (Ariz. Ct. App. 2015).
· cites it 9× “” A.R.S. § 13-714. As a result, Rodriguez contends that because the preparatory offense for assisting a criminal street gang was the class five felony of conspiracy to commit influencing a witness, the § 13-714 enhancement should only attach to the class five felony and not the…”
State v. Brice (Ariz. Ct. App. 2024).
· cites it 4× “” See A.R.S. § 13-714. The court found that Brice had prior convictions.”
State v. Coleman (Ariz. Ct. App. 2016).
· cites it 2× “See A.R.S. § 13-714. Accordingly, the minimum 7 STATE v.”
Stair v. Maricopa, 429 P.3d 1151 (Ariz. Ct. App. 2018).
· cites it 2× “, A.R.S. §§ 13-714 (2018) 5 STAIR v. MARICOPA, et al.”
State v. Mewbourn (Ariz. Ct. App. 2019).
· cites it 2× “The court stated that Mewbourn would be sentenced as a Category 3 offender, given his two prior convictions.”
State v. Estrada (Ariz. Ct. App. 2020).
· cites it 2× “The jury hung, however, on whether Estrada intended to promote, further or assist any criminal conduct by a criminal street gang (A.R.S. § 13-714). ¶6 The court found six prior felony convictions and sentenced Estrada to 11.”
State v. Bermea (Ariz. Ct. App. 2023).
· cites it 2× “” The court explained that it was bound by A.R.S. § 13-714 to add five years to the minimum two-year sentence for a class 3 felony.”
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