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STATE v. MUNNINGER

No. 1 CA-CR 03-0328.

104 P.3d 204 (2005)

209 Ariz. 473

STATE of Arizona, Appellee, v. John Karl MUNNINGER, Appellant.

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

January 20, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General, By Randall M. Howe, Chief Counsel, Criminal Appeals Section and David Wood, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender, By James L. Edgar, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

LANKFORD, Presiding Judge.

¶ 1 This opinion addresses questions regarding the application of Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). By memorandum decision, we previously vacated Defendant's sentence and remanded for resentencing. Defendant received an aggravated sentence based on facts found by a judge. Blakely requires as a matter of federal constitutional law that a jury find all facts that...

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