State of Arizona v. Albert Junior Lopez, 298 P.3d 909 (Ariz. Ct. App. 2013). · Go Syfert
State of Arizona v. Albert Junior Lopez, 298 P.3d 909 (Ariz. Ct. App. 2013). Cases Citing This Book View Copy Cite
57 citation events (57 in the last 25 years) across 1 distinct court.
Strongest positive: State v. McCartney (arizctapp, 2021-07-01)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
cited Cited as authority (rule) State v. McCartney
Ariz. Ct. App. · 2021 · confidence medium
State v. Lopez, 231 Ariz. 561, 562, ¶ 5 (App. 2013). 6 STATE v. MCCARTNEY Opinion of the Court Connolly, 216 Ariz. 132, 132-33, ¶ 3 (App. 2007)).
cited Cited as authority (rule) State v. Dustin
Ariz. Ct. App. · 2019 · confidence medium
State v. Cota, 234 Ariz. 180 , 184–85, ¶ 15 (App. 2014); State v. Lopez, 231 Ariz. 561, 562, ¶ 2 (App. 2013); see also A.R.S. § 13-805(B), (C)(1).
discussed Cited as authority (rule) State of Arizona v. Manuel Jesus Pesqueira
Ariz. Ct. App. · 2014 · confidence medium
The court, in its sentencing minute entry, reduced the “fines, fees, assessments and/or restitution” it had imposed “to a [CRO].” But as this court has determined, based on AR.S. § 13-805(C), 4 “the imposition of a CRO before the defendant’s probation or sentence has expired ‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’” State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App.2013), quoting State v. Lewandowski, 220 Ariz. 531, ¶ 15 , 207 P.3d 784, 789 (App.2009). 5 Therefore, because this portion of the sentencing minute entry i…
discussed Cited as authority (rule) State of Arizona v. Esgardo Javier Nevarez
Ariz. Ct. App. · 2014 · confidence medium
The imposition of such an order prior to the expiration of Nevarez s sentence constitutes an illegal sentence, which is necessarily fundamental, reversible error.’ ” State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App.2013), quoting State v. Lewandowski, 220 Ariz. 531, ¶ 15 , 207 P.3d 784, 789 (App. 2009). 6 Accordingly, the CRO cannot stand.
examined Cited as authority (rule) State of Arizona v. Reuben Renee Cota (3×) also: Cited "see"
Ariz. Ct. App. · 2014 · confidence medium
We therefore reaffirm our holding in Lopez that a court may not lawfully impose a CRO at sentencing with respect to fees and assessments, regardless of whether the court also attempts to suspend the accrual of interest on those items. 231 Ariz. 561, ¶¶ 2, 5 , 298 P.3d at 910 .
discussed Cited as authority (rule) State of Arizona v. Stephen Vincent Haverstick
Ariz. Ct. App. · 2014 · confidence medium
The court here, in its sentencing minute entry, provided that “all fines, fees and/or assessments” the court had imposed were “reduced to a Criminal Restitution Order, with no interest, penalties or collection fees to accrue while the defendant is in the Department of Corrections.” As this court has determined, based on A.R.S. § 13-805(C), “the imposition of a CRO before the defendant’s probation or sentence has expired ‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’ ” 2 State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App.2013)…
discussed Cited as authority (rule) State of Arizona v. Louis John Felix
Ariz. Ct. App. · 2014 · confidence medium
In its sentencing minute entry, the trial court ordered that “all fines, fees, and/or assessments are reduced to a Criminal Restitution Order, with no interest, penalties or collection fees to accrue while [Felix] is in the Department of Corrections.” The trial court’s imposition of the CRO before the *124 expiration of Felix’s sentence “ ‘constituted an illegal sentence, which is necessarily fundamental, reversible error.’ ” State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App. 2013), quoting State v. Lewandowski, 220 Ariz. 531, ¶ 15 , 207 P.3d 784, 789 (App.2009).
discussed Cited as authority (rule) State of Arizona v. Travis Hamilton Nereim
Ariz. Ct. App. · 2014 · confidence medium
We have previously held that A.R.S. § 13-805 does not authorize the imposition of a CRO before the expiration of a defendant’s sentence 11 and such an order “‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’” State v. Lopez, 231 Ariz. 561, ¶2 , 298 P.3d 909, 910 (App.2013), quoting State v. Lewandowski, 220 Ariz. 531, ¶ 15 , 207 P.3d 784, 789 (App.2009).
discussed Cited as authority (rule) State of Arizona v. Miguel Francisco Inzunza
Ariz. Ct. App. · 2014 · confidence medium
Although the parties did not raise this issue on appeal, we have determined that in these circumstances “the imposition of a CRO before the defendant’s probation or sentence has expired ‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’ ” State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App. 2013), quoting State v. Lewandowski, 220 Ariz. 531, ¶ 15 , 207 P.3d 784, 789 (App.2009).
discussed Cited as authority (rule) State of Arizona v. Carlos J. Torres
Ariz. Ct. App. · 2013 · confidence medium
Criminal Restitution Order ¶ 17 At sentencing, the trial court imposed various fees and assessments, which it then “reduced to a Criminal Restitution Order [CRO], with no interest, penalties or collection fees to accrue while the defendant is in the Department of Corrections.” Although Torres does not raise this issue on appeal, this court has determined that in these circumstances, based on A.R.S. § 13-805(C), 2 “the imposition of a CRO before the defendant’s probation or sentence has expired ‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’�…
discussed Cited as authority (rule) State of Arizona v. Angelino Paolo Buccheri-Bianca
Ariz. Ct. App. · 2013 · confidence medium
Criminal Restitution Order ¶41 Although Bueeheri-Bianca has not raised the issue on appeal, we find the CRO entered at sentencing constitutes fundamental error because it reduces “all fines, fees, assessments and/or restitution” to a CRO “with no interest, penalties or collection fees to accrue while the defendant is in the Department of Corrections.” Entry of such a CRO before a defendant’s sentence has expired was not authorized by A.R.S. § 13-805, and “ ‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’ ” 7 State v. Lopez, 231 Ariz. 56…
discussed Cited as authority (rule) State of Arizona v. Daniel Andrew Snider
Ariz. Ct. App. · 2013 · confidence medium
Snider should have been sentenced pursuant to § 13-704(F), which provides the proper sentencing scheme for “dangerous offenses ... that were not committed on the same occasion but that are consolidated for trial purposes.” Criminal Restitution Order ¶ 15 Although Snider has not raised the issue on appeal, we also find fundamental error in the sentencing minute entry, which states “all fines, fees and assessments are reduced to a Criminal Restitution Order [CRO], with no interest, penalties or collection fees to accrue while the defendant is in the Department of Corrections.” See Fern…
discussed Cited as authority (rule) State of Arizona v. Armando Pena, Jr.
Ariz. Ct. App. · 2013 · confidence medium
Criminal Restitution Order ¶ 16 Pena argues, and the state concedes, that the trial court erred in entering a CRO at sentencing pursuant to A.R.S. § 13-805. 5 Although Pena did not raise this claim below, “the imposition of a CRO before the defendant’s probation or sentence has expired ‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’” State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App.2013), quoting State v. Lewandowski, 220 Ariz. 531, ¶ 15 , 207 P.3d 784, 789 (App.2009).
discussed Cited as authority (rule) State of Arizona v. Angel Antonio Perez
Ariz. Ct. App. · 2013 · confidence medium
Criminal Restitution Order ¶ 28 Although neither party has raised this issue, we have discovered the sentencing minute entry provides that the “fines, fees, assessments and/or restitution” the court had imposed were “reduced to a criminal restitution order [CRO].” But as this court has determined, based on A.R.S. § 13-805(C), “the imposition of a CRO before the defendant’s probation or sentence has expired ‘constitutes an illegal sentence, which is necessarily fundamental, reversible error.’” State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App.2013), quoting State …
discussed Cited as authority (rule) State of Arizona v. Robert Francisco Borquez
Ariz. Ct. App. · 2013 · confidence medium
In the sentencing minute entry, the trial court ordered that “all fines, fees, assessments and/or restitution [be] reduced to a Criminal Restitution Order, with no interest, penalties or collection fees to accrue while [Borquez] is in the Department of Corrections.” The imposition of a CRO before the expiration of Borquez’s sentence “ ‘constitute^] an illegal sentence, which is necessarily fundamental, reversible error.’ ” State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App.2013), quoting State v. Lewandowski, 220 Ariz. 531, ¶ 15 , 207 P.3d 784, 789 (App.2009).
discussed Cited "see" State of Arizona v. Brian K. Hancock (2×)
Ariz. Ct. App. · 2016 · signal: see · confidence high
See State v. Lopez, 231 Ariz. 561, ¶ 4 , 298 P.3d 909, 910 (App. 2013). ¶ 28 Under the statute in effect at the time of Hancock’s offenses, sexual conduct with a minor is enhanced from a class six felony to a class two felony “if the person is or was the minor’s parent, stepparent, adoptive parent, legal guardian or foster parent,” or the minor’s teacher, clergyman, or priest. 2011 Ariz. Sess.
examined Cited "see" State of Arizona v. Joseph Javier Romero (4×)
Ariz. Ct. App. · 2014 · signal: see · confidence high
See State v. Lopez, 231 Ariz. 561, ¶ 2 , 298 P.3d 909, 910 (App.2013).
discussed Cited "see" State of Arizona v. Robert Charles Glissendorf (2×)
Ariz. Ct. App. · 2013 · signal: see · confidence high
See State v. Lopez, 231 Ariz. 561, ¶¶ 2, 5 , 298 P.3d 909, 910 (App.2013).
discussed Cited "see, e.g." State v. Johnson (2×)
Ariz. Ct. App. · 2014 · signal: see also · confidence medium
Stat. § 13-805 (C)(1); State v. Cota, 234 Ariz. 180, 184-85, ¶ 15 , 319 P.3d 242, 246-47 (App. 2014); see also State v. Lopez, 231 Ariz. 561, 562, ¶ 2 , 298 P.3d 909, 910 (App 2013) (holding imposition of criminal restitution order before defendant’s probation or sentence has expired constitutes an illegal sentence, which is fundamental, reversible error). ¶15 Although the trial court did state without qualification while sentencing a co-defendant that the various fines and fees assessed would be reduced to a restitution order, the trial court later correctly told Johnson during his sent…
Retrieving the full opinion text from the archive…
The STATE of Arizona, Appellee,
v.
Albert Junior LOPEZ, Appellant
2 CA-CR 2012-0153.
Court of Appeals of Arizona.
Apr 8, 2013.
298 P.3d 909
Thomas C. Horne, Arizona Attorney General By Joseph T. Maziarz and David A. Sullivan, Tucson, Attorneys for Appellee., Lori J. Lefferts, Pima County Public Defender By Abigail Jensen, Tucson, Attorneys for Appellant.
Vásquez, Espinosa, Miller.
Cited by 21 opinions  |  Published

[*562] OPINION

VÁSQUEZ, Presiding Judge.

¶ 1 Appellant Albert Lopez was convicted after a jury trial of possession of a narcotic drug and possession of drag paraphernalia. The trial court sentenced him to mitigated, concurrent prison terms, the longest of which is seven years. The court also reduced various fines, fees, and assessments to a criminal restitution order (CRO), further ordering that “no interest, penalties, or collection fees” would accrue “while the defendant is in the Department of Corrections.” On appeal, Lopez asserts the court was not permitted to reduce the monetary penalties to a CRO until his sentences had expired and the CRO must therefore be vacated. We vacate the CRO but otherwise affirm Lopez’s convictions and sentences.

¶ 2 In State v. Lewandowski, this court held that A.R.S. § 13-805, [1] which governs the entry of CROs, applies only at the expiration of a defendant’s sentence or probation. 220 Ariz. 531, ¶ 15, 207 P.3d 784, 789 (App.2009). We reasoned the imposition of a CRO before the defendant’s probation or sentence has expired “constitutes an illegal sentence, which is necessarily fundamental, reversible error,” because the premature accrual of interest obligates the defendant to pay more than § 13-805 requires. Id. Thus, as the state concedes, the trial court’s reduction of the fees, fines, and assessments against Lopez to a CRO at sentencing was improper.

¶ 3 The state asserts, however, that we need not vacate the CRO because Lopez did not object at sentencing and therefore has not met on appeal his burden of demonstrating any error prejudiced him. In most circumstances, a defendant’s failure to object to alleged error in the trial court forfeits review for all but fundamental, prejudicial error. See State v. Henderson, 210 Ariz. 561, ¶¶ 19-20, 115 P.3d 601, 607 (2005). But this court held in State v. Vermuele that fundamental error review does not apply when the “alleged [sentencing] error[ ] ... did not become apparent until the trial court pronounced sentence.” 226 Ariz. 399, ¶ 14, 249 P.3d 1099, 1103 (App.2011). Nothing in the record suggests Lopez had an opportunity to raise this error until the court pronounced that sentence. Accordingly, Lopez need not demonstrate resulting prejudice.

¶ 4 As the state correctly points out, however, sentencing error may be subject to harmless error review. See Lewandowski, 220 Ariz. 531, ¶ 10, 207 P.3d at 788; see also Henderson, 210 Ariz. 561, ¶ 18, 115 P.3d at 607 (state has burden of demonstrating harmless error). The state asserts the error here is harmless because the trial court further ordered that no interest would accrue until Lopez’s sentence had expired. Thus, the state reasons, the harm described in Lewandowski is not present in this case because no premature interest will accrue.

¶ 5 But we agree with Lopez that the trial court lacked authority to delay the imposition of interest, just as it lacked authority to enter a CRO in the first instance. Nothing in § 13-805 permits a court to delay or alter the accrual of interest when a CRO is “recorded and enforced as any civil judgment” pursuant to § 13-805(C). We are extremely reluctant to deem an unauthorized act harmless because of a second unauthorized act. And we decline to speculate whether the court’s attempt to delay the accrual of interest would be of any legal effect should we permit the unauthorized CRO to remain. Cf. Jackson v. Schneider, 207 Ariz. 325, ¶ 10, 86 P.3d 381, 383-84 (App.2004) (when trial court exceeds sentencing authority, sentence void as to excess portion). Finally, should Lopez pay any of the fines, fees, or assessments while incarcerated, the CRO would be inaccurate at the completion of his sentence. Thus, we conclude the state has not met its burden of demonstrating the error is harmless. See Henderson, 210 Ariz. 561, ¶ 18, 115 P.3d at 607.

[*563] ¶ 6 The CRO is vacated. Lopez’s convictions and sentences are otherwise affirmed.

CONCURRING: PHILIP G. ESPINOSA and MICHAEL MILLER, Judges.
1

. Section 13-805 has been amended three times since Lopez committed the offenses here. See 2012 Ariz. Sess. Laws, ch. 269, § 1; 2011 Ariz. Sess. Laws, ch. 263, § 1 and ch. 99, § 4. We refer to the version in effect at the time of his offenses, see 2005 Ariz. Sess. Laws, ch. 260, § 6, but observe that, on these facts, the result would be the same under the current version.