Arizona Supreme Court

Abelardo Chaparro v. David C Shinn

March 5, 2020248 Ariz. 138

Summary

The court answered the certified question by holding that Chaparro's sentence made him eligible for parole after serving 25 years, notwithstanding the statutory abolition of parole for offenses committed after January 1, 1994. The sentencing order was ambiguous when read in isolation, but the December clarification order and sentencing transcript showed that the trial court intended parole eligibility. The court also held that the illegally lenient sentence was final and enforceable because the State did not timely appeal or seek post-judgment correction.