State v. Cazares

OPINION

ESPINOSA, Chief J.

¶ 1 Petitioner Ernesto Luis Cazares pled guilty to and was convicted of aggravated assault with a deadly weapon or dangerous instrument. The trial court sentenced the then-eighteen-year-old petitioner to a partially aggravated, five-year prison term. Petitioner challenged that sentence in a petition for post-conviction relief filed pursuant to Rule 32, Ariz. R.Crim. P., 17 A.R.S., arguing that the trial court had failed to consider the “significant mitigating circumstance of age of the defendant,” a statutory mitigating factor under A.R.S. § 13-702(D)(1).

¶ 2 In ruling…