Arizona Supreme Court

State of Arizona, Appellee v. Christopher Michael Regenold, Appellant

March 1, 2011226 Ariz. 378

Summary

The court held that a defendant who pleaded guilty but contested the alleged probation violation may directly appeal the sentence imposed after the contested revocation hearing. The statutory bar applies to a sentence imposed pursuant to the plea agreement or an admitted probation violation, but not to punishment imposed after a contested violation proceeding. The court reversed the court of appeals and remanded for further proceedings. Justice Pelander, dissenting, would have held that the appeal was barred because the sentence ultimately remained controlled by the plea agreement.