State v. King

I respectfully dissent. The issue is whether the superior court violated AR.S. section 13-702(D) by relying on an improper factor in imposing an aggravated sentence. The superior court stated that it relied in part on a stipulation regarding the sentence as justifying a greater punishment than the statutory presumptive sentence. However, a stipulation between the prosecutor and defendant is not a proper aggravating factor under AR.S. section 13-702(D). This matter therefore should be remanded for resentencing.

The sentencing stipulation is part of a plea agreement in which defendant agreed to…