Munoz-Perlin v. Hon. Ainley/State

Annotate this Case

Download PDF

NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE VIVIAN MARGARET MUNOZ-PERLIN, ) No. 1 CA-SA 10-0037 ) Petitioner, ) DEPARTMENT D ) v. ) Yavapai County ) Superior Court THE HONORABLE TINA AINLEY, Judge ) Cause No. V1300CR2010 of the SUPERIOR COURT OF THE ) STATE OF ARIZONA, in and for the ) DECISION ORDER County of Yavapai, ) ) Respondent Judge, ) ) STATE OF ARIZONA, ) ) Real Party in Interest. ) ) DIVISION ONE FILED: 04-13-2010 PHILIP G. URRY,CLERK BY: GH Petitioner pled guilty to driving under the influence, in violation 1381(A)(1) of Arizona (Supp. Revised 2009), and Statutes the imposed on her a fine of $1,470. ( A.R.S. ) Cottonwood section Municipal 28- Court After reviewing Petitioner s evidence that she lacked the wherewithal to pay the fine, the court ordered that she could satisfy the fine by performing 147 hours of community service. The record shows the court arrived at the community service requirement by calculating that each hour of community service worked would pay down the fine by $10. The State appealed the sentencing order to the superior court. The State failed to seek a stay of the judgment, however, and Petitioner began the community service work. In a ruling issued after Petitioner had completed all of the required hours, the superior court held the municipal court erred by permitting the fine to be paid by way of community service. It reversed the sentence and remanded for re-sentencing. We accept Petitioner jurisdiction no has of remedy adequate this special action law. When at because a court resentences a defendant after a determination that the original sentence already imposed. was illegal, exacted on the the court must defendant credit against the the punishment new sentence See North Carolina v. Pearce, 395 U.S. 711, 718-19 (1969) overruled on other grounds by Alabama v. Smith, 490 U.S. 794 (1989). Accepting for purposes of argument that the municipal court lacked the power to permit Petitioner to satisfy her fine by paying it in community service hours, but see A.R.S. § 13-810(D) (2010), because the State failed to seek a stay of the judgment pending appeal, it prevented the court from properly crediting the punishment already exacted against any new sentence that might be imposed on her. 2 Accordingly, Orozco and Judges the Diane Court, M. Presiding Johnsen and Judge Jon Patricia W. A. Thompson participating, accepts jurisdiction of the petition and grants relief by reversing the decision of the superior court. /s/______________________________ DIANE M. JOHNSEN, Judge 3

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.