State v. Barrett

GORDON, Vice Chief Justice:

Robert E. Barrett filed a petition asking that we review a decision of the Court of Appeals. We accepted review pursuant to Ariz.R.Crim.App.P. 31.19, and we approve and modify the opinion of the Court of Appeals and order the matter remanded to the trial court for resentencing.

The facts giving rise to petitioner’s conviction are set out by the Court of Appeals in State v. Barrett, 132 Ariz. 106, 644 P.2d 260, No. 1 CA-CR 5004 (1981). The trial court denied the prosecutor’s request to sentence under the enhanced punishment provisions of A.R.S. § 13-604. The…