State v. Aguirre, No. 1 CA-SA 26-0176 (App. Div. I, July 28, 2026) (J. Gaona) https://coa1.azcourts.gov/Portals/1/OpinionFiles/Div1/2026/State%20v%20Aguirre%20-%201%20CA-SA%2026-0176.pdf?ver=9ETzlo9vZL51-oDL5gXM3g%3D%3D

A LAWSUIT FOR DAMAGES AGAINST STATE FOR ERRONEOUS CONVICTION OF A CRIME NEED NOT BE PROCEEDED BY A NOTICE OF CLAIM

Enrique Aguirre was convicted discharging a firearm at a non-residence and was sentenced to 5 years in prison. The conviction was reversed on appeal based upon a finding there was no evidence to support the conviction.  Aguirre served 632 days in jail and prison prior to the reversal. Consequently, Aguirre filed this action against the State under A.R.S. § 13-4296 seeking compensation for his wrongful conviction.  The State moved to dismiss on the basis Aguirre did not first file a timely Notice of Claim under A.R.S. § 12-821.01. The Maricopa County Superior Court denied the motion. The State then brought this special action; the Arizona Court of Appeals accepted jurisdiction and denied the relief requested by the State.

A.R.S. § 13-4296, authorizes certain individuals whose felony convictions are reversed or vacated (or who receive a pardon for innocence) to file an action seeking compensation from the State. The prefatory language in the statute provides “Notwithstanding any other law, a claimant may bring an action in superior court seeking compensation from this state.” The statute has its own 2-year statute of limitations and makes no reference to the Notice of Claim Statute. 

“Notwithstanding means ‘without prevention or obstruction from or by, any means one or some indiscriminately of whatever kind.” The prefatory language in the statute exempts a claim for compensation following an erroneous conviction from the Notice of Claim statute.