Legal Opinion

State v. Harvey

Court of Appeals of Arizona

Decided July 2, 1998No. 1 CA-CR 97-0185PublishedCited by 3 opinions

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

  1. State v. LeBlancArizona Supreme Court · 1996
  2. State v. EastlackArizona Supreme Court · 1994
  3. State v. EthingtonArizona Supreme Court · 1979
  4. State v. HerreraArizona Supreme Court · 1993
  5. State v. OjedaArizona Supreme Court · 1989

7 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. State v. RodriguezCourt of Appeals of Arizona · 2000
  2. State v. BonfiglioCourt of Appeals of Arizona · 2011
  3. State v. WigginsCourt of Appeals of Arizona · 2014

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