State v. Soriano

In State v. Soriano 217 Ariz. 476, 480, P 13, 176 P.3d 44, 48 (App. 2008) the Court reaffirmed Pinto's "reasonable time" language in holding a trial court can designate an "open" criminal offense as a misdemeanor after a defendant has completed probation. The Soriano court stated "Division One held that 'a trial court may consider a petition for entry of civil judgment which is filed within a reasonable time after the period of probation is completed.'" Id. at 479-80, P 12, 176 P.3d at 48 (quoting Pinto, 179 Ariz. at 596, 880 P.2d at 1142); See also State v. Zaputil, 220 Ariz. 425, 429, P 17, 207 P.3d 678, 682 (App. 2008) (trial court authorized to enter judgment for restitution under A.R.S. 13-805(A)(1)). In State v. Pinto, 179 Ariz. 593, 596, 880 P.2d 1139, 1142 (App. 1994), the Court held this language was "advisory," not jurisdictional, and a trial court could consider a petition for entry of what was then called a civil judgment if "filed within a reasonable time" after the defendant had completed his or her criminal sentence.