NEKO ANTHONY WILSON v HON. HIGGINS/STATE (Decision Order)

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SUPREME COURT OF ARIZONA NEKO ANTHONY WILSON, ) ) Petitioner, ) ) v. ) ) HON. ROBERT HIGGINS, JUDGE OF ) THE SUPERIOR COURT OF THE STATE ) OF ARIZONA, in and for the ) County of Navajo, ) ) Respondent Judge, ) ) STATE OF ARIZONA ex rel. BRAD ) CARLYON, Navajo County Attorney, ) ) Real Party in Interest. ) ) __________________________________) Arizona Supreme Court No. CR-20-0254-PR Court of Appeals Division One No. 1 CA-SA 20-0095 Navajo County Superior Court No. S0900CR20050518 FILED 10/15/2020 O R D E R A Petition for Review was filed in this Court on July 27, 2020 and Oral Argument was held on October 13, 2020. The Court voted to vacate the Court of Appeals' opinion and the trial court's decision. Therefore, IT IS ORDERED vacating the Court of Appeals’ opinion issued on June 30, 2020. IT IS ORDERED vacating the trial court’s release order and remanding this case to the trial court to conduct a conditions of release hearing in compliance with Arizona Rule of Criminal Procedure Rule 7.2(c)(1)(A). Specifically, Rule 7.2(c)(1)(A), by its terms, provides the trial court may not release defendant on bail or his own recognizance if it determines that he “is convicted of an offense for Arizona Supreme Court No. CR-20-0254-PR Page 2 of 2 which [he] will, in all reasonable probability, receive a sentence of imprisonment....” However, absent such a finding, the trial court has discretion to release defendant on bail or other pretrial release conditions. IT IS FURTHER ORDERED directing the trial court to promptly commence Petitioner's violation of probation hearing in compliance with the timelines set forth in Arizona Rule of Criminal Procedure Rule 27.8(b)(1). A written opinion shall follow. DATED this 15th day of October, 2020. ______/s/____________________ ROBERT BRUTINEL Chief Justice TO: Michael O’Toole Lee B Phillips Bradley W Carlyon Michael R Shumway Hon. Robert J Higgins Joel H Ruechel Elizabeth B Ortiz Rhonda Elaine Neff Lise R Witt Hon. Deanne Romo Amy M Wood

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