Appeal
from the Superior Court in Maricopa County No. CR2002-015076
The Honorable John R. Doody, Judge Pro Tempore
Arizona Attorney General's Office, Phoenix By Jana Zinman
Counsel for Appellee
Maricopa County Public Defender's Office, Phoenix By
Lawrence S. Matthew Counsel for Appellant
Presiding Judge James B. Morse Jr. delivered the opinion of
the Court, in which Judge Jon W. Thompson and Vice Chief
Judge Peter B. Swann joined.
OPINION
MORSE,
JUDGE
¶1
Demitres Robertson appeals the superior court's July 12,
2017 order revoking her probation and imposing a term of
imprisonment. For the following reasons, we affirm.
FACTS
AND PROCEDURAL HISTORY
¶2
In August 2002, the State charged Robertson with one count of
first-degree murder, a class 1 felony, and two counts of
intentional child abuse, class 2 felonies and dangerous
crimes against children, based on acts that occurred in
November 2001. See Ariz. Rev. Stat.
("A.R.S.") §§ 13-604.01 (2001), -1105
(2001), -3623(A)(1) (2001). The court later dismissed the
first count of child abuse for lack of probable cause.
See Ariz. R. Crim. P. 5.4(d).[1]
¶3
Had Robertson been convicted of the charged count of first-
degree murder, she faced a mandatory sentence of life
imprisonment. See A.R.S. §§ 13-1105(C),
-703(A) (2001). She also faced the potential for a mandatory
consecutive sentence of up to 28 years imprisonment for the
count of intentional child abuse as a dangerous crime against
children. See A.R.S. §§ 13-3623(A)(1),
-604.01(D), (K)[2].
¶4
Pursuant to a plea agreement, the State reduced the charged
counts, and Robertson avoided the potential for life in
prison plus a consecutive sentence. She pleaded guilty to one
amended count of manslaughter, a class 2 dangerous felony,
and one amended count of reckless child abuse, a class 3
felony. See A.R.S. §§ 13-1103 (2001),
-3623(A)(2). Robertson faced a sentence of seven to 21 years
for manslaughter, and two to 8.75 years for reckless child
abuse. See A.R.S. §§ 13-604(I) (2001),
-701 (2001), -702 (2001), -702.01 (2001). Pursuant to the
plea agreement, however, the parties stipulated to a prison
term of eight to 15 years for manslaughter and a consecutive
term of probation for reckless child abuse. The court
sentenced Robertson to ten years' imprisonment for
manslaughter, credited Robertson 602 days of presentence
incarceration, and placed Robertson on a lifetime term of
probation upon completion of her prison sentence. Robertson
completed her prison sentence in August 2010.
¶5
Robertson violated her probation in September of 2014 and
June of 2016, and the superior court reinstated her probation
after both violations. After the September 2014 violation,
one of the terms of Robertson's reinstated probation was
a six-month term of incarceration in the county jail.
Robertson violated her probation again in March 2017, and the
court imposed intensive probation.
¶6
Two months later, in May 2017, the State filed a petition
claiming Robertson violated intensive probation and sought to
revoke Robertson's probation. Robertson denied the
petition's allegations.
¶7
At the probation-violation hearing, Robertson argued for the
first time that the crimes of manslaughter and child abuse
constituted a single act involving a single victim, and
therefore, consecutive sentencing on the convictions violated
the statutory prohibition against double punishment.
See A.R.S. § 13-116. The court denied
Robertson's oral motion to dismiss the petition to
revoke.
¶8
After the hearing, the court revoked Robertson's
probation and ordered that Robertson be imprisoned for a
presumptive term of 3.5 years pursuant to A.R.S. ยง
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