State v. Peek

Summary

The Supreme Court of Arizona held that lifetime probation was not authorized for attempted child molestation committed between 1994 and 1996. Interpreting the version of A.R.S. § 13-902(E) then in effect, the court concluded that the statute authorized lifetime probation only for felony offenses included in Title 13, chapter 14, and did not encompass attempted offenses classified under chapter 10. The court vacated the lifetime probation term and remanded for resentencing.

Holdings

1. The statutes in effect between 1994 and 1996 did not authorize lifetime probation for attempted child molestation because former A.R.S. § 13-902(E) applied to felony offenses included in chapter 14, while attempt offenses were defined in chapter 10 and the statute did not expressly include attempts.
2. The court could address the merits because the State waived preclusion and the case presented a recurring legal issue of statewide importance on which trial courts had issued conflicting opinions.

Questions Presented

1. Whether Arizona statutes in effect between 1994 and 1996 authorized lifetime probation for attempted child molestation.
2. Whether the court should reach the merits of an untimely post-conviction petition when the State waived preclusion and the issue was recurring and of statewide importance.

Disposition

vacated