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STATE v. TRUJILLO

No. CR-18-0531-PR.

462 P.3d 550 (2020)

STATE of Arizona, Appellee, v. Oscar Pena TRUJILLO, Appellant.

Supreme Court of Arizona.

Filed May 4, 2020.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, O.H. Skinner , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Amy Pignatella Cain (argued), Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Joel Feinman , Pima County Public Defender, David J. Euchner (argued), Michael J. Miller , Deputy Public Defenders, Tucson, Attorneys for Oscar Pena Trujillo.

Daniel C. Barr , Randal B. McDonald , Lindsey M. Huang , Perkins Coie, LLP, Phoenix, and Martin Lieberman , Jared G. Keenan , American Civil Liberties Union Foundation of Arizona, Phoenix, Attorneys for Amicus Curiae American Civil Liberties Union of Arizona.

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

¶1 We hold that a judge has the authority, for the purposes of imposing mandatory sex offender registration under A.R.S. § 13-3821(A)(3), to make the necessary factual finding that the victim is under eighteen. In reaching this holding, we conclude that Arizona's sex offender registration statutes are...

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