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STATE v. BROWN

No. 2 CA-SA 2003-0003.

70 P.3d 454 (2003)

205 Ariz. 325

The STATE of Arizona, Petitioner, v. Hon. Michael J. BROWN, Judge of the Superior Court of the State of Arizona, in and for the County of Santa Cruz, Respondent, and Jonathan Wayne McMullen, Real Party in Interest.

Court of Appeals of Arizona. Division 2, Department B.

May 23, 2003.

Attorney(s) appearing for the Case

Martha S. Chase, Santa Cruz County Attorney, By Marc Offenhartz, Nogales, for Petitioner.

Robert Hooker, Tucson, for Real Party in Interest.

OPINION

PELANDER, Presiding Judge.

¶ 1 In this special action, petitioner State of Arizona challenges two presentence orders the respondent judge entered in the underlying criminal case, in which real party in interest Jonathan McMullen pled guilty to reckless manslaughter. Based on Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Ring v. Arizona, 536...

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