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WRIGHT v. GATES

No. CR-16-0435-PR.

402 P.3d 1003 (2017)

Dale Allen WRIGHT, Petitioner, v. The Honorable Pamela GATES, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed October 4, 2017

Attorney(s) appearing for the Case

Bruce F. Peterson , Maricopa County Office of the Legal Advocate, Frances J. Gray (argued), Deputy Legal Advocate, Phoenix, Attorneys for Dale Allen Wright.

William G. Montgomery , Maricopa County Attorney, Jeffrey R. Duvendack (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

Joel Feinman , Pima County Public Defender, Erin K. Sutherland (argued), Assistant Public Defender, Tucson, Attorneys for Amicus Curiae Pima County Public Defender's Office.

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE PELANDER and JUSTICES BRUTINEL, TIMMER, BOLICK, GOULD, and LOPEZ joined.

¶ 1 We here consider whether enhanced sentences may be imposed under the dangerous crimes against children ("DCAC") statute in the absence of an actual child victim. Consistent with the text of A.R.S. § 13-705(P)(1), which defines a DCAC offense as one that is "committed against a minor who is...

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