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STATE v. BROWN

No. 2 CA-SA 2005-0011.

115 P.3d 128 (2005)

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 McMullen, Real Party in Interest.

Court of Appeals of Arizona, Division Two, Department A.

June 22, 2005.

Attorney(s) appearing for the Case

George E. Silva, Santa Cruz County Attorney, By Marc Offenhartz, Nogales, for Petitioner.

Robert J. Hooker, Pima County Public Defender, By Robert J. Hooker and Frank P. Leto, Tucson, for Real Party in Interest.

Terry Goddard, Arizona Attorney General, By Nicholas D. Acedo, Phoenix, for Amicus Curiae Arizona Attorney General.

OPINION

HOWARD, Presiding J.

¶ 1 In this special action, the state contends the respondent judge abused his discretion by finding that statements made by real party in interest Jonathan McMullen in establishing a factual basis for his guilty plea to reckless manslaughter were not admissions of fact for purposes of the United States Supreme Court's decision in Blakely v. Washington, 542 U.S. 296, 124 S.Ct...

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