State of Arizona v. Raymond Anthony Hall

322 P.3d 191, 234 Ariz. 374, 682 Ariz. Adv. Rep. 4, 2014 Ariz. App. LEXIS 43
CourtCourt of Appeals of Arizona
DecidedMarch 20, 2014
Docket2 CA-CR 2012-0513
StatusPublished
Cited by21 cases

This text of 322 P.3d 191 (State of Arizona v. Raymond Anthony Hall) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Arizona v. Raymond Anthony Hall, 322 P.3d 191, 234 Ariz. 374, 682 Ariz. Adv. Rep. 4, 2014 Ariz. App. LEXIS 43 (Ark. Ct. App. 2014).

Opinion

OPINION

ECKERSTROM, Judge.

¶ 1 Appellant Raymond Hall appeals from the trial court’s decision denying his application to set aside his felony conviction. For the following reasons, we reverse and remand.

Factual and Procedural Background

¶ 2 In 2005, Hall pled guilty to conspiracy to commit armed robbery. He was sentenced to a mitigated term of imprisonment, from which he was absolutely discharged in 2007. In 2012, he petitioned the court to set aside his conviction under A.R.S. § 13-907 and to restore his civil rights, including his right to bear firearms under A.R.S. §§ 13-906 and 13-908. After a hearing on Hall’s application, the court restored his civil rights, with the exception of the right to possess firearms, but denied Hall’s request to set aside the conviction. At that hearing, the court stated, “[I]f it wasn’t for my belief that the set aside provision would necessarily mean that your gun rights were restored, I would have granted you relief under [§ ] 13-907 on the conspiracy conviction.” Hall now appeals, claiming the court abused its discretion in concluding that setting aside his conviction pursuant to § 13-907 would necessarily include restoring his right to bear firearms. We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(1) and 13-4033(A)(3).

¶ 3 We review a trial court’s decision in setting aside a conviction for an abuse of discretion, but we review any issues of statutory construction de novo. State v. Bernini, 233 Ariz. 170, ¶ 8, 310 P.3d 46, 48-49 (App.2013). “An error of law committed in reaching a discretionary conclusion may ... constitute an abuse of discretion.” State v. Wall, 212 Ariz. 1, ¶ 12, 126 P.3d 148, 150 (2006).

¶ 4 The sole question presented is whether, as the trial court concluded, a person whose conviction is set aside pursuant to § 13-907(C) automatically has all his civil rights, including his right to gun possession, restored or whether, as Hall argues, a court may set aside a person’s conviction without restoring the right to gun possession.

¶ 5 Section 13-907(C) provides:

If the judge ... grants the application [to set aside a judgment of guilt], the judge ... shall set aside the judgment of guilt, dismiss the accusations or information and order that the person be released from all penalties and disabilities resulting from the conviction except those imposed by [the Department of Transportation or the Game and Fish Commission pursuant to specified statutes].

The trial court concluded this language means that, if a judge grants an application to set aside a conviction, the judge also must restore the applicant’s right to bear arms. Hall contends that, because the statutory schemes governing restoration of rights and setting aside convictions are separate from one another, the specific statutes governing restoration of the right to possess firearms should control over the more general statute governing restoration of civil rights broadly. He further maintains that if we construe § 13-907 as controlling the right to bear firearms, as the trial court did here, we would render certain other statutory provisions superfluous. We agree.

*376 ¶ 6 This court previously has concluded “the entire statutory scheme” in chapter 9 of title 13 “treats the restoration of civil rights as separate from the vacation of a conviction and the dismissal of the accusation----It is therefore clear that the legislature intended that they be separable remedies.” State v. Key, 128 Ariz. 419, 421, 626 P.2d 149, 151 (App.1981). Although Key addressed whether a judge had the authority to restore civil rights without vacating a conviction, id. at 420, 626 P.2d at 150 — the reverse of the question before us — our reasoning applies with equal force to the instant problem. In Key, we also observed that “the considerations which would form the basis of a judge’s decision to restore a person’s civil rights ... may differ substantially from the considerations which form the basis of a determination to vacate a defendant’s conviction and dismiss the charge.” Id. at 421-22, 626 P.2d at 151-52. We thus concluded that both the legislative intent expressed by the separate remedies provided in the statutory scheme and the logic of considering the matters separately provide courts the flexibility to restore a person’s civil rights without setting aside his or her conviction. See id.

¶ 7 Within the statutory scheme governing restoration of rights after conviction of a felony, our legislature has addressed the right to bear firearms separately from other civil rights. Section 13-912, A.R.S., provides for the automatic restoration of all civil rights for first time felony offenders meeting certain criteria, with the exception of the “right to possess weapons.” Sections 13-905 and 13-906, AR.S., governing the restoration of rights to persons completing probation and absolutely discharged from prison respectively, both treat the restoration of the right to possess guns or firearms as separate and distinct from the restoration of other civil rights, imposing stricter limitations on a person’s ability to regain the right to possess weapons. See §§ 13 — 905(C), 13-906(C).

¶ 8 As noted above, when interpreting a statute, we look first to the plain language of the statute as “the best and most reliable index of a statute’s meaning.” State v. Christian, 205 Ariz. 64, ¶ 6, 66 P.3d 1241, 1243 (2003); see A.R.S. § 1-213. We acknowledge that some language in § 13-907(C) could support the trial court’s interpretation. That provision states that when a court sets aside a judgment of guilt, “the judge ... shall ... order that the person be released from all penalties and disabilities resulting from the conviction.” The prohibition on possessing a firearm is one of those disabilities. AR.S. § 13-904(A)(5). However, “[w]hen two statutes appear to conflict, we will attempt to harmonize their language to give effect to each,” True v. Stewart, 199 Ariz. 396, ¶ 12, 18 P.3d 707, 710 (2001), and “[cjourts must avoid construction of statutes which would render them meaningless or of no effect.” State v. Clifton Lodge No. 1174, Benevolent & Protective Order of Elks of the U.S., 20 Ariz.App. 512, 513, 514 P.2d 265, 266 (1973).

¶ 9 Under § 13-907(A), a person who has been convicted of any criminal offense — including a “serious offense” under AR.S.

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Cite This Page — Counsel Stack

Bluebook (online)
322 P.3d 191, 234 Ariz. 374, 682 Ariz. Adv. Rep. 4, 2014 Ariz. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-arizona-v-raymond-anthony-hall-arizctapp-2014.