State v. Waggoner

In State v. Waggoner, 144 Ariz. 237, 238, 697 P.2d 320, 321 (1985) four days before trial, the state filed an allegation under A.R.S. 13-604.01 (now A.R.S. 13-604.02 (2001)) that the defendant committed the offense while on parole, which would have mandated a prison term. The defendant argued that timely pretrial notice of such an allegation was required and that such notice must comply with Arizona Rule of Criminal Procedure 16.1(b), which requires all motions to be made no later than twenty days before trial. Id. The trial court ultimately found the allegation to be true and sentenced the defendant accordingly. Id. The supreme court found that "although parole or other release status under A.R.S. 13-604.01 is 'in the nature of an aggravating circumstance' . . .. A defendant must know the extent of potential punishment he faces before he can ever decide whether to enter a guilty plea to the charge." Id. at 238-39, 697 P.2d 321-22. The Waggoner court held that "a defendant must receive notice before trial commences that the state intends to allege his release status to enhance punishment pursuant to A.R.S. 13-604.01." Id. In Waggoner, the indictment referenced the correct statute, and documents filed more than twenty days before the original trial date gave the defendant notice that the state intended to allege his parole status. Id. The court found such notice sufficient. Id.