State v. Sheaves

In State v. Sheaves, 155 Ariz. 538, 541, 747 P.2d 1237, 1240 (App. 1987), the Court ruled that a "felony penalty assessment" imposed under A.R.S. 13-812 "constitutes a 'fine' for sentencing purposes" and, consequently, the statutory prohibition in A.R.S. 13-116 against multiple punishments applied. 155 Ariz. at 540, 541, 747 P.2d at 1239, 1240. In determining whether the assessment there was a fine, the court considered the following factors: (1) when the assessment could be recovered; (2) to whom the assessment was paid; (3) any other indications suggesting the assessment was a fine rather than restitution or a civil penalty. Id. at 541-42, 747 P.2d at 1240-41.