What Happens When an Arizona Court Fails to Explain its Sentencing Decision?

Under Arizona law, courts are required to explain certain sentencing decisions on the record and in the presence of parties. This explanation helps defendants understand the nature of their sentences, and it holds the court accountable for making fair decisions. A recent case before the Supreme Court of Arizona clarified what happens when courts fail to explain their sentencing decision on the record, creating a framework for cases moving forward.

The Sentencing Court’s Obligations Under Arizona Law

When a court decides the length and nature of a defendant’s sentence, that court has an obligation to explain its determination. Arizona law specifically says that the trial court must (1) state the factors it considered, and (2) articulate how those factors led to the sentencing decision. A judge will typically conduct this explanation orally, dictating the reasons in open court. If and when the defendant appeals the trial court’s decision, the appellate court then has a clear record of the decision and reasoning.

Consequences for the Sentencing Court’s Failure to Explain

In its May 2024 opinion, the Supreme Court of Arizona decided what must happen when a trial court fails to explain its sentencing decision. Once a party establishes that the trial court failed to meet its burden, the appellate court should put its subsequent decision on hold. The appellate court should then send the case back down to the trial court so that the judge can correct the error and explain the decision. Only after this explanation happens may the defendant’s appeal proceed.

This procedure means that when a defendant argues that the trial court erred by failing to explain a sentencing decision, the higher court will likely be unable to automatically reverse the court’s sentencing decision. Instead, the higher court will send the case back down to the lower court, which will take additional time. This will be frustrating for defendants and will mean that defense attorneys will have to find other possible arguments on appeal to get faster and better results for their clients.

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