STATE v. SCHMIDT

No. CR-08-0308-PR.

208 P.3d 214 (2009)

STATE of Arizona, Respondent, v. Michael Dimetrius SCHMIDT, Petitioner.

Supreme Court of Arizona, En Banc.

June 3, 2009.


Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney by Elizabeth B. Ortiz, Deputy County Attorney, Phoenix, Attorneys for the State of Arizona.

Law Offices of Michael P. Denea, PLC by Michael P. Denea, Phoenix, Attorney for Michael Dimetrius Schmidt.


OPINION

BALES, Justice.

¶ 1 Under Arizona law, those convicted of a crime are subject to longer sentences when certain aggravating factors are proved. We hold that a court may not, consistent with due process, increase a defendant's maximum potential sentence based solely on a so-called "catch-all" aggravator, defined as "any other factors which the court may deem appropriate to the ends of justice." Ariz.Rev.Stat. ("A.R.S.") § 13-702(D)(13) (Supp...

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