State v. Barnett

GORDON, Vice Chief Justice:

Defendant Richard T. Barnett was indicted for aggravated assault, a class three felony, for shooting at a police officer during a confrontation. At the time of the shooting, defendant was on release on his own recognizance from an Ohio felony charge of aggravated burglary.

Prior to trial the state filed an allegation of dangerousness pursuant to A.R.S. § 13-604.01(A) which provided for a life sentence if defendant’s Ohio “release” was “any other release.” Defendant moved to dismiss the allegation of dangerousness on the ground that defendant was not on the type of…