State v. Marquez

HAIRE, Chief Judge.

Appellant Marquez pled guilty to three counts of sexual conduct with a minor in violation of A.R.S. § 13-1405. He was sentenced to ten years imprisonment on each count, with the sentences to run concurrently as provided in the plea agreement. On appeal, the sentences are attacked on three grounds:

1. The trial court should not have deviated from the presumptive sentence where aggravating circumstances were neither alleged nor proven by the prosecutor.

2. The trial court’s finding of a prior conviction of child molestation for purposes of aggravating circumstances under A.R.S.…