Juan Carlos Vicente Sanchez v. Hon. ainley/state of Arizona

Justice TIMMER,

opinion of the Court.

¶ 1 In Chronis v. Steinle, we held that “Arizona Rule of Criminal Procedure 13.5(c) permits a defendant in a capital murder case to request a determination of probable cause as to alleged aggravating circumstances.” *252220 Ariz. 559, 560 ¶ 1, 208 P.3d 210, 211 (2009). We now hold that the trial court must grant a defendant’s timely request for a hearing under Rule 13.5(c), even if the grand jury has previously made a probable-cause determination as to those alleged aggravating circumstances.

BACKGROUND

¶ 2 In September 2011, a grand jury indicted Juan Carlos…