State v. Lara

OPINION

MOELLER, Vice Chief Justice.

FACTS AND JURISDICTION

In this consolidated proceeding, we review two court of appeals’ opinions that address the same issue and reach different results: State v. Malone, 171 Ariz. 321, 830 P.2d 842 (App.1991) and State v. Lara, 170 Ariz. 203, 823 P.2d 70 (App.1990).

In Malone, defendant was convicted of armed robbery and kidnapping, both class 2 dangerous felonies. The trial court imposed aggravated sentences based, in part, on a finding that defendant had used a weapon in the commission of the crimes. The court of appeals affirmed, relying on State v. Bly,…