Legal Opinion

State v. Cons

Court of Appeals of Arizona

Decided July 22, 2004No. 2CA-CR 2002-0333PublishedCited by 27 opinions

1Opinion of the Court

OPINION

ESPINOSA, Acting Presiding J.

¶ 1 Appellant Mark Anthony Cons was charged with forgery, a class four felony. Pursuant to A.R.S. § 13-604, the State of Arizona alleged that Cons had two prior felony convictions for sentence enhancement purposes. A jury found Cons guilty of the charged offense, and the trial court found, after a separate bench trial, that the state had proved the prior felony convictions. The trial court then sentenced Cons to the presumptive prison term of ten years. On appeal, Cons contends the court erred by granting the state’s request to amend the allegation of prior…

2Cases cited36 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. McMillan v. PennsylvaniaSupreme Court of the United States · 1986
  5. Walton v. ArizonaSupreme Court of the United States · 1990

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3Cited by27 opinions

  1. Tannenbaum v. United StatesCourt of Appeals for the Eleventh Circuit · 1998
  2. State v. Moreno-MedranoCourt of Appeals of Arizona · 2008
  3. State v. RoblesCourt of Appeals of Arizona · 2006
  4. Canion v. ColeArizona Supreme Court · 2005
  5. State of Arizona v. Luis Armando VargasArizona Supreme Court · 2020

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