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STATE v. BROWN

No. CV-03-0255-PR.

99 P.3d 15 (2004)

209 Ariz. 200

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.

Supreme Court of Arizona, En Banc.

October 27, 2004.

Attorney(s) appearing for the Case

Martha S. Chase, Santa Cruz County Attorney, by Marc Offenhartz, Deputy County Attorney, Nogales, Attorneys for Petitioner.

Law office of Robert Hooker, by Robert Hooker and Michael J. Miller, Tucson, Attorneys for Real Party in Interest.

Terry Goddard, Arizona Attorney General, by Randall M. Howe, Chief Counsel Criminal Appeals Section, Phoenix, Attorneys for Amicus Curiae, Arizona Attorney General.

James J. Haas and John A. Stookey, Phoenix, Attorneys for Amici Curiae, Arizona Public Defender Association and Arizona Attorneys for Criminal Justice.

OPINION

HURWITZ, Justice.

¶ 1 The court of appeals held in this case that a defendant pleading guilty to a criminal offense may be sentenced to a term greater than the presumptive sentence solely on the basis of facts found by the trial judge upon a showing of "reasonable evidence." State v. Brown (McMullen), 205 Ariz. 325, 333 ¶ 27 & n. 9,

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