Legal Opinion
State v. Alire
Court of Appeals of Arizona
Decided January 28, 2005No. 2 CA-CR 2004-0044PublishedCited by 8 opinions
1Opinion of the Court
OPINION
ECKERSTROM, J.
¶ 1 Appellant Andres Castillo Alire was convicted after a jury trial of two counts of aggravated driving under the influence of an intoxicant (DUI). On appeal, Alire maintains that the court both improperly considered his nationality and denied him his right to a jury trial as to aggravating circumstances when it sentenced him to aggravated, concurrent sentences of six years of imprisonment. We affirm.
¶ 2 In rejecting the presumptive term of 4.5 years, the trial court specified that it had considered the following aggravating circumstances: Alire’s prior felony…
2Cases cited15 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Blakely v. WashingtonSupreme Court of the United States · 2004
- Harris v. United StatesSupreme Court of the United States · 2002
- State v. RingArizona Supreme Court · 2003
- United States v. Lai-Moi Leung and Seow Ming ChoonCourt of Appeals for the Second Circuit · 1994
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3Cited by8 opinions
- State v. MartinezArizona Supreme Court · 2005
- State of Arizona v. Matthew Erich ManzanedoCourt of Appeals of Arizona · 2005
- State v. ChiappettaCourt of Appeals of Arizona · 2005
- State v. PitreCourt of Appeals of Arizona · 2005
- State v. CleereCourt of Appeals of Arizona · 2005
3 more not listed; retrieve them via the Exa API.