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STATE EX REL. SMITH v. CONN

No. 1 CA-SA 04-0180.

98 P.3d 881 (2004)

209 Ariz. 195

STATE of Arizona, ex rel. Matthew J. SMITH, Mohave County Attorney, Petitioner, v. The Honorable Steven F. CONN, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MOHAVE, Respondent Judge, Phillip Wayne Tinnell, Real Party In Interest.

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

October 14, 2004.

Attorney(s) appearing for the Case

Matthew J. Smith, Mohave County Attorney, Kingman By Gregory A. McPhillips, Deputy County Attorney, Attorneys for Petitioner.

Dana P. Hlavac, Mohave County Public Defender, Kingman By Jill L. Evans, Deputy Public Defender, Attorneys for Real Party in Interest.

THOMPSON, Presiding Judge.

¶ 1 Petitioner State of Arizona brings this special action to challenge the trial court's order denying the state's motion to add an allegation of aggravating factors to the indictment and request for jury trial. According to the trial court, Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), as applied to the Arizona statutory scheme, prohibits the imposition of an aggravated sentence, and there is...

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