Legal Opinion

State v. Holstun

Court of Appeals of Arizona

Decided October 20, 1983No. 1 CA-CR 6317PublishedCited by 15 opinions

1Opinion of the Court

OPINION

KLEINSCHMIDT, Judge.

The sole issue on this appeal is whether the trial court’s failure to comply with *197A.R.S. § 13-702(C)1 and articulate on the record the aggravating circumstances which justified imposing a stipulated sentence which exceeded the presumptive term requires a remand for resentencing. We conclude that it does.

The appellant was charged with armed robbery, a class 2 and dangerous felony and, pursuant to a plea agreement, he entered a plea of guilty to a reduced charge of armed robbery, a class 2 nondangerous offense, and agreed to a stipulated sentence of 10 years…

2Cases cited4 opinions

  1. State v. BilesOregon Supreme Court · 1979
  2. State v. MahlerArizona Supreme Court · 1981
  3. State v. WilliamsCourt of Appeals of Arizona · 1982
  4. State v. ScottCourt of Appeals of Oregon · 1980

3Cited by15 opinions

  1. State v. HarrisonCourt of Appeals of Arizona · 1998
  2. State v. HarrisonArizona Supreme Court · 1999
  3. State v. HolstunCourt of Appeals of Arizona · 1983
  4. State v. SolanoCourt of Appeals of Arizona · 1985
  5. State v. YbarraCourt of Appeals of Arizona · 1986

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