State v. Hendrix

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. 31.34 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA, Appellee, v. BOBBY VEODIS HENDRIX, JR., Appellant. ) ) ) ) ) ) ) ) ) ) No. DIVISION ONE FILED: 02/08/2011 RUTH WILLINGHAM, ACTING CLERK BY: GH 1 CA-CR 10-0331 DEPARTMENT S MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court in Maricopa County Cause No. CR 2009-119508-002 DT The Honorable Paul J. McMurdie, Judge AFFIRMED AS MODIFIED Terry Goddard, Attorney General By Kent E. Cattani, Chief Counsel Criminal Appeals/Capital Litigation Section and Joseph T. Maziarz, Assistant Attorney General Attorneys for Appellee Phoenix James J. Haas, Maricopa County Public Defender By Louise Stark, Deputy Public Defender Attorneys for Appellant Phoenix T I M M E R, Chief Judge ¶1 Bobby Veodis Hendrix, Jr., appeals his sentences imposed after a jury convicted him of theft, a class five felony (count one) and burglary in the second degree, a class three felony (count two). Hendrix argues the court erred by (1) misstating the sentences for his convictions and (2) imposing the wrong sentence for theft. The State confesses error, and for the reasons that follow, we agree. ¶2 After the jury rendered its verdict, the State agreed to waive presentation of an aggravating circumstance in exchange for Hendrix s admission to being on probation at the time of the offenses and having one historical prior felony conviction. court then explained the sentencing ranges to Hendrix, The in relevant part, as follows: THE COURT: With a historical prior conviction, your sentencing range for the Class 3 offense [burglary] goes from 3 and a third years all of the way up to 16.25 years. And for the Class 5 offense [theft], it goes from 1 year all of the way up to 3.75 years. With the allegation that you were on probation at the time, you have to be sentenced to no less than the presumptive sentence, and the presumptive sentence for the Class 3 offense is 6 and a half years. The presumptive sentence for the Class 5 offense is 2.25 years. ¶3 At presumptive sentencing sentences the next appropriate 2 month, for the each court found conviction. the The court then sentenced Hendrix to concurrent presumptive terms of 6.5 years imprisonment for the theft conviction years imprisonment for the burglary conviction. minute entry sentence. corresponds with the oral and 2.5 The sentencing pronouncement of As the court correctly noted at the conclusion of the trial the previous month, however, the presumptive sentence for theft with one prior felony conviction is 2.25 years and the presumptive sentence for conviction is 6.5 years. (Supp. 2009). burglary with one prior felony Ariz. Rev. Stat. § 13-703(B)(2), (I) The court mixed the sentences for the convictions and misstated the sentence for theft. ¶4 its Based on the record, the trial court clearly stated intent to imprisonment. P.2d 661, sentence (App. 1992). entry presumptive presumptive terms of Remand for clarification is State v. Contreras, 180 Ariz. 450, 453 n.2, 885 P.2d 138, 141 (App. 1994). minute to See State v. Stevens, 173 Ariz. 494, 496, 844 663 unnecessary. Hendrix to term reflect of 2.25 We therefore correct the sentencing that Hendrix years was sentenced imprisonment for to the count one (theft) and the presumptive term of 6.5 years imprisonment for count two (burglary in the second degree), to be served concurrently with each other but consecutive to the sentences imposed in Maricopa County Cause Numbers CR2006-123116-001 and 3 CR2008-005907-001. With this modification, we affirm Hendrix s convictions and sentences. /s/ Ann A. Scott Timmer, Chief Judge CONCURRING: /s/ Philip Hall, Judge /s/ Patrick Irvine, Judge 4

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.