Legal Opinion

State v. Benenati

Court of Appeals of Arizona

Decided September 3, 2002No. 2 CA-CR 1999-0064PublishedCited by 21 opinions

1Opinion of the Court

OPINION

BRAMMER, Presiding Judge.

¶ 1 A jury found appellant Mare Benenati guilty of two counts of unlawful sale of a narcotic drug. After finding he had three prior convictions and had committed these offenses while on release for a separate felony offense, the trial court sentenced Benenati to concurrent, presumptive, 17.75-year prison terms, including a two-year mandatory enhancement pursuant to A.R.S. § 13-604(R). Benenati raises three issues on appeal: (1) the trial court erred in responding ex parte to a jury question; (2) the trial court violated his right to a jury trial under Apprendi…

2Cases cited51 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  3. Ring v. ArizonaSupreme Court of the United States · 2002
  4. Patterson v. New YorkSupreme Court of the United States · 1977
  5. Jones v. United StatesSupreme Court of the United States · 1999

46 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. People v. TowneCalifornia Supreme Court · 2008
  2. State v. ConsCourt of Appeals of Arizona · 2004
  3. People v. BowmanAppellate Court of Illinois · 2005
  4. State v. JohnsonCourt of Appeals of Arizona · 2005
  5. State v. BrownCourt of Appeals of Arizona · 2003

16 more not listed; retrieve them via the Exa API.

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