ARS 13-116 Interpretation

In State v. Sheaves, 155 Ariz. 538, 747 P.2d 1237 (App. 1987), the Court addressed whether imposing two felony penalty assessments against a person convicted of two felonies arising from a single act of driving was impermissible double punishment in violation of A.R.S. 13-116 (2001). 155 Ariz. at 541, 747 P.2d at 1240. An act or omission may be punishable in different ways by different statutes, but the sentences must be concurrent. A.R.S. 13-116. Reasoning that a "fine" is a "sentence" within the meaning of A.R.S. 13-116, the Court held that when a person has been convicted of multiple felonies arising from one act of driving, the court may impose only one assessment. Id. at 541-43, 747 P.2d at 1240-42. Sheaves, however, did not address the effect such assessments have on an inferior court's jurisdiction.