Heath v. Kiger

In Heath v. Kiger, 217 Ariz. 492, 497,16, 176 P.3d 690, 695 (2008) the Arizona Supreme Court held that a defendant released on his own recognizance is "admitted to bail" for purposes of our constitutional bail provisions. In Heath, the defendant was released on her own recognizance pursuant to a plea agreement. Id. at 493-94,2, 176 P.3d at 691-92. The plea agreement provided that Heath would participate in the TASC program, and upon successful completion, the court would dismiss two of the three felony charges and designate the third a misdemeanor. Id. Heath completed the TASC program, but before sentencing, she was charged with three new offenses. Id. at 494,3, 176 P.3d at 692. The state moved to hold her without bail on the new charges. Id. Heath argued that because she was released on her own recognizance, she was not "admitted to bail" at the time she allegedly committed the new felony offenses. Id. Following an evidentiary hearing, the trial court found that Heath "was on felony release at the time" of her arrest and that there was "proof evident or presumption great" that she had committed one of the new felony offenses. Id. Thus, the trial court ordered Heath held without bail, and our supreme court affirmed. Id. at 494, 497,3, 17, 176 P.3d at 692, 695.