November 14, 2013
STATE OF ARIZONA, Appellee,
DENNIS CHAMBERS, Appellant.
Not for Publication Rule 111, Rules of the Arizona Supreme Court
Appeal from the Superior Court in Maricopa County No. CR2012-138878-001 The Honorable Pamela S. Gates, Judge
Arizona Attorney General's Office, Phoenix By Michael T. O'Toole, Counsel for Appellee
Maricopa County Public Defender's Office, Phoenix By Christopher V. Johns Counsel for Appellant
Chief Judge Diane M. Johnsen delivered the decision of the Court, in which Judge Jon W. Thompson and Judge Peter B. Swann joined.
JOHNSEN, CHIEF JUDGE
¶1 Dennis Chambers was convicted of third-degree burglary with two prior felony convictions. He was sentenced to 10 years in prison and was ordered to "submit to DNA testing for law enforcement identification purposes and pay the applicable fee for the cost of that testing."
¶2 On appeal, Chambers does not dispute his convictions nor the term of incarceration the superior court imposed. He argues only that the court erred by ordering him to pay for DNA testing pursuant to Arizona Revised Statutes ("A.R.S.") section 13-610 (2013). The State confesses error, acknowledging that in State v. Reyes, 232 Ariz. 468, 472, ¶ 14, 307 P.3d 35, 39 (App. 2013), this court held that A.R.S. § 13-610 does not authorize the court to impose a DNA collection fee on a convicted defendant. We agree that pursuant to Reyes, which was issued after Chambers was sentenced, the court erred by imposing the collection fee. We therefore modify the judgment of conviction to omit the requirement that Chambers pay for the cost of DNA testing.
¶3 For the reasons stated, we affirm Chambers's conviction and sentence as modified.