Tyree v. Moran

In Tyree v. Moran, 113 Ariz. 275, 277, 550 P.2d 1076, 1078 (1976), an inmate sought the "temporary release" afforded by an amended parole statute that did not take effect until after he had been sentenced. Id. at 276-77, 550 P.2d at 1077-78. In rejecting the argument that the amendment applied only to inmates sentenced after its effective date, the court reasoned: "The amendment is remedial in nature, and such statutes do not normally come within the rule against retrospective operation." Id. In addition, the court observed the amendment "did not alter the penalty which was attached to any offense, nor create a new penalty, nor change the sentence imposed" and concluded it "was meant to be effective as to all prisoners irrespective of the date of imposition of sentence." Id.