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STATE EX REL. MONTGOMERY v. BRAIN

No. 1 CA-SA 17-0186.

422 P.3d 1065 (2018)

791 Ariz. Adv. Rep. 42

STATE of Arizona EX REL. William MONTGOMERY, Maricopa County Attorney, Petitioner, v. The Honorable Mark H. BRAIN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Shundong Hu, Real Party in Interest.

Court of Appeals of Arizona, Division 1.

FILED May 24, 2018.

Attorney(s) appearing for the Case

Maricopa County Attorney's Office, Phoenix, By Daniel Strange , Counsel for Petitioner.

The Law Offices of David Michael Cantor, PC, Phoenix, By Michael Alarid, III , Counsel for Real Party in Interest.

Judge Michael J. Brown delivered the opinion of the Court, in which Presiding Judge Paul J. McMurdie and Judge Randall M. Howe joined.

OPINION

¶ 1 In this special action, we hold that a person who uses a dangerous instrument in committing an animal cruelty offense may not be sentenced as a dangerous offender. Because we reject the State's argument that it may pursue enhancement of an animal cruelty crime as a dangerous offense, we accept special action...

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