Legal Opinion

State v. Diaz

Court of Appeals of Arizona

Decided July 16, 2009No. 2 CA-CR 2008-0024PublishedCited by 2 opinions

1Opinion of the Court

OPINION

ESPINOSA, Presiding Judge.

¶ 1 After a jury trial, appellant Daniel Diaz was convicted of one count of possession of a dangerous drug for sale (methamphetamine. weighing more than nine grams) and sentenced to an aggravated term of twenty-five years’ imprisonment. On appeal, he argues the trial court erred in not suppressing statements he made after what he contends was an illegal arrest and in sentencing him pursuant to A.R.S. § 13-604 rather than A.R.S. § 13-712. 1 For the reasons stated below, we affirm his conviction but remand to the trial court for resentencing.

Factual and…

2Cases cited22 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. United States v. Benito HernandezCourt of Appeals for the Ninth Circuit · 2003
  3. State v. StroudArizona Supreme Court · 2005
  4. State v. TeagleCourt of Appeals of Arizona · 2007
  5. State v. BlackmoreArizona Supreme Court · 1996

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3Cited by2 opinions

  1. State v. DiazArizona Supreme Court · 2010
  2. State of Arizona v. Daniel DiazCourt of Appeals of Arizona · 2012

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