State v. Harvey
Court of Appeals of Arizona
1Opinion of the Court
*474OPINION
THOMPSON, Judge.
¶ 1 Walter William Harvey (defendant) argues on appeal that he is entitled to a new sentencing hearing because the trial court misapplied aggravating and mitigating factors. We remand so that the trial court may enter specific findings pursuant to Ariz.Rev.Stat. Ann. (A.R.S.) § 13-702(B), and if necessary, conduct a further hearing.
FACTUAL AND PROCEDURAL HISTORY
¶ 2 Defendant played pool at a bar with three men, Pedro Diaz, Luis Reyna, and Rudy Perez. At some point a bar employee told the trio that they would have to leave due to their behavior.
¶ 3 The bar bouncer…
2Cases cited12 opinions
- State v. LeBlancArizona Supreme Court · 1996
- State v. EastlackArizona Supreme Court · 1994
- State v. EthingtonArizona Supreme Court · 1979
- State v. HerreraArizona Supreme Court · 1993
- State v. OjedaArizona Supreme Court · 1989
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3Cited by3 opinions
- State v. RodriguezCourt of Appeals of Arizona · 2000
- State v. BonfiglioCourt of Appeals of Arizona · 2011
- State v. WigginsCourt of Appeals of Arizona · 2014