Saunders v. Board of Pardons & Paroles

847 P.2d 1124, 174 Ariz. 177, 135 Ariz. Adv. Rep. 3, 1993 Ariz. LEXIS 21
CourtArizona Supreme Court
DecidedMarch 2, 1993
DocketNo. CV-91-0350-PR
StatusPublished

This text of 847 P.2d 1124 (Saunders v. Board of Pardons & Paroles) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Saunders v. Board of Pardons & Paroles, 847 P.2d 1124, 174 Ariz. 177, 135 Ariz. Adv. Rep. 3, 1993 Ariz. LEXIS 21 (Ark. 1993).

Opinions

OPINION

CORCORAN, Justice.

The Board of Pardons and Paroles (Board) petitioned this court to review a court of appeals decision reversing the trial court’s denial of Peter Donald Saunders’ (Saunders) petition for writ of habeas corpus. The issue presented is whether a prisoner granted parole on an original sentence pursuant to A.R.S. § 31-412(B) for the sole purpose of serving a consecutive sentence must be released from prison after serving the consecutive sentence. We granted review, and we have jurisdiction pursuant to Ariz. Const. art. 6, § 5(3), A.R.S. § 12-120.24, and Rule 31.19, Arizona Rules of Criminal Procedure.

FACTS AND PROCEDURAL HISTORY

In 1951, Saunders was convicted of first degree murder and sentenced to life in prison. This sentence was commuted in 1963 to 25 years to life, and in 1964 Saunders was paroled. Saunders’ parole was revoked in 1968, and he was returned to prison. Saunders escaped from custody in 1970, and he was returned to prison the day after his escape. He escaped again in 1972, and he was returned to prison two days later. After a second parole in 1978, Saunders absconded, and he was eventually returned to prison in 1981 after revocation of his parole. In 1983, Saunders escaped from prison a third time. After his capture, he was convicted of escape and sentenced to a 4-year term, to be served consecutive to his murder sentence.

In 1985, the Board granted Saunders an A.R.S. § 31-412(B) parole from his murder sentence so that he could begin serving his consecutive escape sentence. After his escape sentence expired and the Department of Corrections did not release him from prison, Saunders filed a petition for writ of habeas corpus in superior court, asserting that he was being illegally confined on a sentence for which he had been paroled. [179]*179The trial court denied Saunders’ petition for writ of habeas corpus, and Saunders appealed. The court of appeals reversed, holding that Saunders was entitled to be released from prison on parole on the murder conviction upon the expiration of his escape sentence. Saunders v. Goldsmith, 169 Ariz. 428, 430, 819 P.2d 1014, 1016 (App.1991). The Board petitioned for, and we granted, review.1 For the reasons stated below, we vacate the opinion of the court of appeals and affirm the trial court’s denial of Saunders’ petition for writ of habeas corpus.

DISCUSSION

Arizona’s parole statute, A.R.S. § 31-412, provides in part:

A. If a prisoner is certified [by the director] as eligible for parole ... the board of pardons and paroles shall authorize the release of the applicant upon parole if the applicant has reached his earliest parole eligibility date ... and it appears to the board, in its sole discretion, that there is a substantial probability that the applicant will remain at liberty without violating the law. The applicant shall thereupon be allowed to go upon parole in the legal custody and under control of the department of corrections, until expiration of the term specified in his sentence or until his absolute discharge.
B. Notwithstanding the provisions of subsection A of this section, any prisoner ... who has served a term of imprisonment ... may be certified by the director as eligible for parole for the sole purpose of parole to the custody of... the state department of corrections to serve any consecutive term imposed on such prisoner. Upon review of an application for parole pursuant to the provisions of this subsection the board may authorize such parole if, in its discretion, such parole appears to be in the best interests of the state.

(Emphasis added.) The Board paroled Saunders from his murder sentence to serve his escape sentence under the authority of subsection (B) of this statute. The court of appeals determined that a subsection (B) parole “permit[s] the earlier of consecutive sentences to be subject to parole with the condition that the parole be served in prison for the duration of the consecutive sentence ... [and] Saunders was entitled to be released on parole on the murder conviction upon the expiration of his sentence on the escape conviction.” Saunders, 169 Ariz. at 430, 819 P.2d at 1016. The Board challenges this holding and contends that parole pursuant to subsection (B) simply makes previously consecutive sentences concurrent, and therefore, upon the expiration of his escape sentence, Saunders was required to continue serving his murder sentence until either that sentence expired or he was released on parole under subsection (A). We agree with the Board.

Saunders argues, however, and the court of appeals agreed, that once his consecutive sentence expired, Saunders should have been released from prison because he had been “paroled” on his murder conviction to begin serving his escape sentence. This argument is based on the definition of “parole” found in Mileham v. Board of Pardons, 110 Ariz. 470, 520 P.2d 840 (1974). See also Thomas v. Board of Pardons, 115 Ariz. 128, 130, 564 P.2d 79, 81 (1977) (reciting the definition of “parole” found in Mileham). We believe, however, that a different type of parole is established under subsection (B).

To determine the effect of a parole granted pursuant to subsection (B), we [180]*180must consider both the intent of the legislature and the plain meaning of the statute. State v. Wagstaff, 164 Ariz. 485, 490, 794 P.2d 118, 123 (1990), citing Martin v. Martin, 156 Ariz. 452, 457, 752 P.2d 1038, 1043 (1988). See also A.R.S. §§ 1-211(B) (statute to be “liberally construed to effect [its] object[] and to promote justice”); 1-213 (statute to be construed according to its plain meaning). Analyzing the intent of the legislature, we note that subsection (B) was enacted after we held, in Mileham, 110 Ariz. 470, 520 P.2d 840, that a prisoner had to serve his complete original sentence before he could begin serving his consecutive sentence; the Board had no authority to parole a prisoner from an original sentence to a consecutive sentence.

The Mileham decision was based on our interpretation of the word “parole” to mean “a conditional release from imprisonment which entitles the parolee to serve the remainder of his term outside the confines of an institution, if he satisfactorily complies with all the terms and conditions provided in the parole order.” Mileham, 110 Ariz. at 473, 520 P.2d at 843,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. LeMatty
590 P.2d 449 (Arizona Supreme Court, 1979)
Mileham v. Arizona Board of Pardons and Paroles
520 P.2d 840 (Arizona Supreme Court, 1974)
State v. LaBarre
610 P.2d 1058 (Court of Appeals of Arizona, 1980)
Cawley v. Arizona Board of Pardons and Paroles
701 P.2d 1188 (Arizona Supreme Court, 1985)
Cawley v. Arizona Bd. of Pardons and Paroles
701 P.2d 1195 (Court of Appeals of Arizona, 1984)
State v. Wagstaff
794 P.2d 118 (Arizona Supreme Court, 1990)
Martin v. Martin
752 P.2d 1038 (Arizona Supreme Court, 1988)
Big D Construction Corp. v. Court of Appeals
789 P.2d 1061 (Arizona Supreme Court, 1990)
Murray v. Swenson
76 A.2d 150 (Court of Appeals of Maryland, 2001)
City of Flagstaff v. Mangum
793 P.2d 548 (Arizona Supreme Court, 1990)
Thomas v. Ariz. State Bd. of Pardons and Paroles
564 P.2d 79 (Arizona Supreme Court, 1977)
City of Mesa v. Killingsworth
394 P.2d 410 (Arizona Supreme Court, 1964)
Austin v. Barrett
16 P.2d 12 (Arizona Supreme Court, 1932)
Saunders v. Goldsmith
819 P.2d 1014 (Court of Appeals of Arizona, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
847 P.2d 1124, 174 Ariz. 177, 135 Ariz. Adv. Rep. 3, 1993 Ariz. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/saunders-v-board-of-pardons-paroles-ariz-1993.