STATE v. SHULER

Nos. 1 CA-CR 11875, 1 CA-CR 88-257-PR.

162 Ariz. 19 (1989)

780 P.2d 1067

STATE of Arizona, Respondent-Appellee, v. David Allen SHULER, Petitioner-Appellant.

Court of Appeals of Arizona, Division 1, Department D.

September 19, 1989.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., and Susanna C. Pineda, Asst. Atty. Gen., Phoenix, for respondent-appellee.

John R. Hart, Yuma, for petitioner-appellant.


OPINION

KLEINSCHMIDT, Judge.

The principal issue on appeal in this case concerns whether the trial court may properly consider prior arrests as an aggravating circumstance in determining a defendant's sentence. We hold that the court may not consider mere arrests which are unsupported by evidence of bad acts or illegal conduct. The record here reveals that most of the arrests considered by the trial court resulted in convictions and were therefore properly...

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