(Download) "State v. Pitts" by Arizona Supreme Court * Book PDF Kindle ePub Free
eBook details
- Title: State v. Pitts
- Author : Arizona Supreme Court
- Release Date : January 05, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
The trial court considered several factors, including defendants prior DUI misdemeanor convictions, as aggravating factors in sentencing defendant for an aggravated DUI under A.R.S. ร§ 28-692.02. The court of appeals reversed, holding that defendants prior DUI convictions were necessarily included elements of the current offense of aggravated DUI and, thus, under the rationale of State v. Orduno, 159 Ariz. 564, 769 P.2d 1010 (1989), not eligible for consideration as aggravating factors under A.R.S. ร§ 13-702(D)(13). State v. Pitts, 176 Ariz. 521, 862 P.2d 894 (App. 1993). We granted the states petition for review to consider the correctness of this ruling and to provide trial courts with guidance in the many aggravated DUI cases that come before the courts of this state. We have jurisdiction pursuant to Rule 31.19, Ariz. R. Crim. P., and A.R.S. ร§ 12-120.24.