ARS 13-604.01(B) Interpretation

In State v. Barksdale, 143 Ariz. 465, 694 P.2d 295 (App. 1984), disapproved of on other grounds, State v. Rushing, 156 Ariz. 1, 4, 749 P.2d 910, 913 (1988), the Court construed the meaning of nearly identical language in A.R.S. 13-604.01(B),the predecessor to 13-708(C). Like 13-708(C), 13-604.01(B) addressed sentencing for a felony offense committed "while the person is on probation, parole, work furlough or other release" for a prior felony conviction, and provided that "a sentence imposed pursuant to this subsection shall be consecutive to any other sentence from which the convicted person had been temporarily released." A.R.S. 13-604.01 (B); Barksdale, 143 Ariz. at 467, 694 P.2d at 297. Former A.R.S. 13-604.01(B), stated as follows: Notwithstanding any provision of law to the contrary, a person convicted of any felony offense not included in subsection a of this section if committed while the person is on probation, parole, work furlough or any other release shall be sentenced to a term of not less than the presumptive sentence authorized for the offense, and the person is not eligible for suspension or commutation of sentence, probation, pardon, parole, work furlough or release from confinement on any other basis except as specifically authorized by 31-233, subsection a or B until the sentence imposed by the court has been served. a sentence imposed pursuant to this subsection shall be consecutive to any other sentence from which the convicted person had been temporarily released. This statute was enacted by the legislature in 1982. See 1982 Ariz. Sess. Laws, Ch. 322, 2 (adding 13-604.01); 1985 Ariz. Sess. Laws, Ch. 364, 5 (renumbering as 13-604.02); 2008 Ariz. Sess. Laws, Ch. 301, 17, 32 (renumbering as 13-708).