State v. Poling

OPINION

OGG, Chief Judge.

In this appeal we must determine if the trial judge erred in the manner in which he determined there were aggravating circumstances sufficient to deviate from the statutory presumptive sentences. The appellant/defendant, Richard Lawson Poling, alleges the trial judge failed to comply with the provisions of A.R.S. § 13-702 when he sentenced defendant in excess of the presumptive sentences. A.R.S. § 13-702(C) requires that any reduction or increase in the presumptive sentence:

“. . . may be imposed only if the circumstances alleged to be in aggravation or mitigation of…