Wright v. Honorable Pamela Gates

Enhanced sentences may not be imposed under the dangerous crimes against children (DCAC) statute when a defendant commits a crime against a fictitious child.Defendant pleaded guilty to two counts of solicitation to commit molestation of a child for speaking to a woman about allowing him to engage in sexual acts with her two young children, who were actually fictitious. Defendant’s crimes were classified as DCAC, and he was sentenced to lifetime probation on each count in accordance with the DCAC sentencing statute. Defendant later moved, without success, to dismiss the DCAC designation and then brought a special action in the court of appeals. The court of appeals upheld the trial court, concluding that DCAC sentencing applies to convictions for solicitation to commit molestation of a child when the victim is fictitious. The Supreme Court vacated the opinion of the court of appeals and reversed the trial court’s order denying Defendant’s request to dismiss the DCAC designation, holding that Ariz. Rev. Stat. 13-705(P)(1) requires an actual child victim for DCAC enhanced sentences to apply to the enumerated offenses. View "Wright v. Honorable Pamela Gates" on Justia Law