Garcia v. Honorable ButlerAnnotate this Case
The Supreme Court vacated the order of the trial court declining to exercise its discretion to deny a sexually violent person (SVP) screening when the State requested one under Ariz. Rev. Stat. 13-4518(A), holding that remand was required for the trial court to decide whether a screening should occur.
Defendant was charged with one count of sexual conduct with a minor. Thereafter, the trial court found Defendant not competent and not restorable. The State requested an SVP screening, arguing that the procedure was warranted under the circumstances. The trial court ordered the screening, concluding that the State was entitled to a screening because the State made a prima facie showing that section 13-4518(A)'s requirements were met. The Supreme Court vacated the order, holding (1) under section 13-4518, trial courts have discretion to deny the State's SVP screening request; and (2) the trial court in this case erred by not exercising that discretion.