SUPREME COURT OF ARIZONA

NEKO ANTHONY WILSON, ) Arizona Supreme Court ) No. CR-20-0254-PR Petitioner, ) ) Court of Appeals v. ) Division One ) No. 1 CA-SA 20-0095 HON. ROBERT HIGGINS, JUDGE OF ) THE SUPERIOR COURT OF THE STATE ) Navajo County OF ARIZONA, in and for the ) Superior Court County of Navajo, ) No. S0900CR20050518 ) Respondent Judge, ) ) STATE OF ARIZONA ex rel. BRAD ) CARLYON, Navajo County Attorney, ) ) Real Party in Interest. ) ) __________________________________) FILED 10/15/2020

O R D E R

A Petition for Review was filed in this Court on July 27, 2020

and Oral Argument was held on October 13, 2020. The Court voted to

vacate the Court of Appeals' opinion and the trial court's decision.

Therefore,

IT IS ORDERED vacating the Court of Appeals’ opinion issued on

June 30, 2020.

IT IS ORDERED vacating the trial court’s release order and

remanding this case to the trial court to conduct a conditions of

release hearing in compliance with Arizona Rule of Criminal Procedure

Rule 7.2(c)(1)(A). Specifically, Rule 7.2(c)(1)(A), by its terms,

provides the trial court may not release defendant on bail or his own

recognizance if it determines that he “is convicted of an offense for Arizona Supreme Court No. CR-20-0254-PR Page 2 of 2

which [he] will, in all reasonable probability, receive a sentence of

imprisonment....” However, absent such a finding, the trial court

has discretion to release defendant on bail or other pretrial release

conditions.

IT IS FURTHER ORDERED directing the trial court to promptly

commence Petitioner's violation of probation hearing in compliance

with the timelines set forth in Arizona Rule of Criminal Procedure

Rule 27.8(b)(1).

A written opinion shall follow.

DATED this 15th day of October, 2020.

______/s/____________________ ROBERT BRUTINEL Chief Justice

TO: Michael O’Toole Lee B Phillips Bradley W Carlyon Michael R Shumway Hon. Robert J Higgins Joel H Ruechel Elizabeth B Ortiz Rhonda Elaine Neff Lise R Witt Hon. Deanne Romo Amy M Wood