Arizona Supreme Court

State of Arizona v. Demitres Robertson

August 12, 2020249 Ariz. 256

Summary

The court held that the invited error doctrine cannot bar appellate review of an allegedly illegal sentence imposed after a contested probation-violation hearing merely because the sentence was stipulated in a plea agreement. The doctrine applies only when the defendant took independent, affirmative action to create or actively defend the error, and it cannot prevent correction of an illegal sentence. The court vacated the court of appeals’ decision and remanded for consideration of the sentence’s legality.