Opinion
Arizona Supreme Court No. CR-20-0132-PR
04-14-2021
STATE OF ARIZONA, Appellant, v. JAMES M. ROCCO, Appellee.
Court of Appeals Division One
No. 1 CA-CR 18-0697 Maricopa County Superior Court
No. CR2005-127149-001
DECISION ORDER
The Court has reviewed the petition for review and the State's response. The Court of Appeals held that the superior court lacked jurisdiction to strike the GPS monitoring term from Defendant Rocco's probation, reasoning this claim could only have been raised in post-conviction relief proceedings, and Defendant failed to timely file a notice of post-conviction relief. See State v. Rocco, No. CA-CR 18-0697, 2020 WL 1274506, at *3 ¶¶ 17-21 (Ariz. App. Mar. 17, 2020) (mem. decision). Both parties assert that this holding is incorrect. We agree.
Justice Montgomery did not participate in the determination of this matter. --------
Trial courts retain jurisdiction over the terms of probation and may modify, add, or revoke conditions. See State v. Ray, 209 Ariz. 429, 431 ¶ 5 (App. 2004); A.R.S. §§ 13-901(C) and -603(B); Ariz. R. Crim. P. 27.3(b)(2). Thus, a court possesses jurisdiction to strike an illegal probation term during a probation revocation proceeding. For the foregoing reasons,
IT IS ORDERED the Petition for Review is granted.
IT IS FURTHER ORDERED vacating the Court of Appeals' Memorandum Decision and remanding the matter to that court with instructions to determine whether applying A.R.S. § 13-902(G) to Defendant violates ex post facto prohibitions.
DATED this 14th day of April, 2021.
/s/_________
ROBERT BRUTINEL
Chief Justice TO:
Linley Wilson
Lisa Marie Martin
Robert A Walsh
Mikel Steinfeld
Amy M Wood