Legal Opinion
State v. Dewakuku
Court of Appeals of Arizona
Decided June 29, 2004No. 1 CA-CR 03-0280PublishedCited by 2 opinions
1Opinion of the Court
OPINION
GARBARINO, Judge.
¶ 1 We hold that a defendant charged with a dangerous offense alleged to have been committed while the defendant was on release from confinement after being convicted of a felony offense pursuant to Arizona Revised Statutes (A.R.S.) section 13-604.02(A) (2001) is entitled to a trial by jury on the issue of release. For the following reasons, we affirm the defendant’s conviction. Because we find that his admission to his release status was not knowing and voluntary, we vacate the defendant’s sentence and we remand for further proceedings consistent with this decision.
FAC…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Batson v. KentuckySupreme Court of the United States · 1986
- Boykin v. AlabamaSupreme Court of the United States · 1969
- Hernandez v. New YorkSupreme Court of the United States · 1991
- Purkett v. ElemSupreme Court of the United States · 1995
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3Cited by2 opinions
- State v. Resendis-FelixCourt of Appeals of Arizona · 2004
- State v. Resendis-FelixCourt of Appeals of Arizona · 2004