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STATE v. MARTINEZ

No. CR-04-0435-PR.

115 P.3d 618 (2005)

STATE of Arizona, Appellee, v. Pablo Arciniega MARTINEZ, Appellant.

Supreme Court of Arizona, En Banc.

July 8, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Michael T. O'Toole, Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for the State of Arizona.

James J. Haas, Maricopa County Public Defender by Stephen Whelihan, Deputy Public Defender, Phoenix, Attorneys for Pablo Arciniega Martinez.

Office Of Court Appointed Counsel, by Mark Kennedy, Treasure VanDreumel, Phoenix, Attorneys for Amicus Curiae, Maricopa County Office of Contract Counsel.

OPINION

McGREGOR, Chief Justice.

¶ 1 We granted review in this case to resolve a single issue: Does the Sixth Amendment guarantee of a right to jury trial, as applied to Arizona's general felony sentencing scheme, require that a sentencing judge consider only those aggravating factors found by a jury beyond a reasonable doubt in determining whether to impose an aggravated sentence, or may the judge find and consider additional aggravating factors once...

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