Garcia v. Butler (Az. 2021)

Garcia v. Butler, No. CR-19-0298-PR (Az. 2021)

Nature of Case: Petitioner was convicted of a sex offense and nearing his release date the government sought to commit him as an SVP and requested a screening. Under state law, the Petitioner argued that the trial court had discretion whether or not to order the screening. The trial court found that it did not, and the Petitioner sought review.

Holding: The Arizona Supreme Court held that, under state law, trial courts had discretion whether or not to order an SVP screening and reversed the decision of the trial court.