Theft Crimes

Recently, a case before an Arizona court of appeals looked at the question of whether shoplifting and theft should be classified as two separate convictions or as the same conviction. In the June 2023 case, the defendant was originally arrested and charged after he stole water bottles from a grocery store, and he was convicted of both shoplifting and theft as a result. After being sentenced heavily based on the two convictions, the defendant appealed; looking over the record, the court ultimately agreed with the defendant’s argument and modified his sentence to reflect that he was guilty of one conviction instead of two.

Facts of the Case

According to the opinion, the defendant was at Safeway one afternoon when he took two cases of water bottles that were on display outside the store. Several store employees saw the defendant putting the cases in his car, and they yelled at him to put them back immediately. The defendant replied that he had a gun, and he proceeded to the car despite the employees’ protests.

The employees called the police, and several officers arrived on the scene immediately. The defendant was charged with shoplifting and theft, and his case went to trial. A jury unanimously found him guilty of both offenses, and he was sentenced to significant time in prison as a result.

In a recent case before an Arizona court of appeals, the defendant argued that his motion to dismiss should have been granted by the lower court. Apparently, the court had originally scheduled the defendant to come in for a hearing regarding alleged violations of the terms of his probation. Because of significant delays, however, the defendant argued that the lower court should have vacated the hearing altogether. Ultimately, the higher court disagreed with the defendant and denied the appeal.

Facts of the Case

Twelve years ago, the defendant in this case pled guilty to burglary, theft, and criminal damage. After the defendant’s guilty plea, the court sentenced the defendant to time in prison and placed him on a five-year probation term upon his release. During this probation period, the defendant ran into trouble when he was criminally charged with trespassing and refusing to leave his ex-girlfriend’s property. He was arrested again a year later for smuggling undocumented individuals into the U.S.

Given these charges, the State asked the court to revoke the defendant’s probation. The court scheduled a hearing to review the terms of the defendant’s probation, but the hearing did not actually happen until two years after the original hearing was scheduled. When the hearing finally occurred, the defendant filed a motion to dismiss, arguing that the hearing had been unreasonably delayed. The court denied the defendant’s motion to dismiss, and he promptly appealed.

Articles Posted in Theft Crimes

Arizona Court Sides with Defendant on Double Jeopardy Issue, Lessening His Sentence as a Result

Arizona Defendant Loses Appeal in Case Involving Substantial Delays