STATE v. ALIRE

No. 2 CA-CR 2004-0044.

105 P.3d 163 (2005)

209 Ariz. 517

The STATE of Arizona, Appellee, v. Andres Castillo ALIRE, Appellant.

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

January 28, 2005.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, By Randall M. Howe and Joseph L. Parkhurst, Tucson, for Appellee.

Robert J. Hooker, Pima County Public Defender, By Brian X. Metcalf, Tucson, for Appellant.


OPINION

ECKERSTROM, J.

¶ 1 Appellant Andres Castillo Alire was convicted after a jury trial of two counts of aggravated driving under the influence of an intoxicant (DUI). On appeal, Alire maintains that the court both improperly considered his nationality and denied him his right to a jury trial as to aggravating circumstances when it sentenced him to aggravated, concurrent sentences of six years of imprisonment. We affirm.

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