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STATE v. AREVALO

No. CR-19-0156-PR.

470 P.3d 644 (2020)

STATE of Arizona, Appellant, v. Christopher AREVALO, Appellee.

Supreme Court of Arizona.

Filed September 1, 2020.

Attorney(s) appearing for the Case

Allister R. Adel , Maricopa County Attorney, Daniel Strange (argued), Deputy County Attorney, Phoenix, Attorneys for State of Arizona.

James J. Haas , Maricopa County Public Defender, Mikel Steinfeld (argued), Deputy Public Defender, Phoenix, Attorneys for Christopher Arevalo.

David J. Euchner , Pima County Public Defender's Office, Tucson; and John F. Sullivan , Chandler, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

JUSTICE LOPEZ authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES GOULD and BEENE joined. JUSTICE BOLICK, joined by JUSTICE PELANDER (RETIRED), concurred.

¶1 We consider whether A.R.S. § 13-1202(B)(2), which enhances the sentence for threatening or intimidating if the defendant is a criminal street gang member, is constitutional. We hold that it is not because it increases a criminal sentence based solely upon gang status in violation of substantive due...

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