State v. Burge

OPINION

GORDON, Chief Justice.

Robert Burge (defendant) petitioned for review of the court of appeals’ decision affirming his conviction on two counts of aggravated assault and his sentence on count II. 1 He challenged the court’s holding that a separate allegation of dangerousness, while preferred, is not required. We granted review to resolve inconsistencies in this court’s prior opinions on how one must allege dangerousness for the purposes of sentence enhancement under A.R.S. § 13-604. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3), and A.R.S. § 12-120.24.

FACTUAL AND…