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156 Ariz. 27

749 P.2d 936

State v. Cory

Court of Appeals of Arizona

Decided January 20, 1988

Court of Appeals of Arizona · decided 1988-01-20

Key passage — most relied on by later courts

“However, appellant overlooks the fact that he was convicted of a violation of Chapter 14. Pursuant to the plea agreement, appellant agreed to plead guilty to a violation of A.R.S. § 13-1001, as well as §§ 13-1406, 13-1401, 13-3821, 13-701, 13-801 and 13-808. It would have been im possible for appellant to plead guilty to solely a violation of A.R.S. § 13-1001 since that chapter must always be viewed together with a substantive offense. In this case, the Chapter 10 violation must be viewed in conjunction with the Chapter 14 violation. The purpose of the registration requirement for defendants convicted of the substantive offenses certainly is served by the registration of persons convicted of preparatory offenses.”

quoted by 2 later decisions, including State v. Lammie, State v. Cornish

Applies AZ 13 § 13-3821

Good law ✅— No negative treatment on recordhow we know

Decided 1988-01-20

How this case has been cited

Cited by 12 later decisions — most recently November 2008

12 state decisions

60198819902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1 Pursuant to a plea agreement entered January 29, 1987, appellant pled guilty to attempted sexual assault. Appellant was placed on probation with the condition that he register as a sex offender pursuant to A.R.S. § 13-3821. The sole issue on appeal is whether that condition of probation was properly imposed.

¶2 Relying on the language of the statute, appellant claims that the registration of sex offenders required under A.R.S. § 13-3821 applies to persons convicted of the substantive offenses, not merely the attempt. The statute provides: “A person who has been convicted of a violation of chapter 14 or 35.1 of this title ... shall ... register with the sheriff of the county in which he resides or sets up temporary domicile.” However, appellant overlooks the fact that he was convicted of a violation of Chapter 14. Pursuant to the plea agreement, appellant agreed to plead guilty to a violation of A.R.S. § 13-1001, as well as §§ 13-1406, 13-1401, 13-3821, 13-701, 13-801, and 13-808. It would have been impossible for appellant to plead guilty to solely a violation of A.R.S. § 13-1001 since that chapter must always be viewed together with a substantive offense. In this case, the Chapter 10 violation must be viewed in conjunction with the Chapter 14 violation. The purpose of the registration requirement for defendants convicted of the substantive offenses certainly is served by the registration of persons convicted of preparatory offenses. Appellant understood that he was being convicted of a violation of Chapter 14 and the probation condition based on that violation certainly was within the trial court’s sentencing jurisdiction.

¶3 Affirmed.

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