State v. Viramontes

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant State of Arizona challenges the trial court’s sentencing of appellee Samuel Viramontes pursuant to A.R.S. § 13-703, claiming the court should have employed the aggravating and mitigating factors in A.R.S. § 13-702 instead. But, because A.R.S. § 13-4032 does not give the state the right to appeal the sentence, we do not have jurisdiction and dismiss the appeal.

¶2 The procedural facts relevant to this appeal are undisputed. A jury found Viramontes guilty of first-degree murder. The state had not given notice that it intended to seek the death penalty…