State v. Harrison

OPINION

FELDMAN, Justice.

¶ 1 Division One of the court of appeals remanded this case for resentencing, holding that the trial judge failed to comply with A.R.S. § 13-702(B), which requires the judge to state “on the record at the time of sentencing” the reasons for not imposing the presumptive sentence. The court held that because the error was structural, a harmless error analysis could not be applied. State v. Harrison, 195 Ariz. 28, 985 P.2d 513 (App. 1998). Dissenting, Judge Noyes concluded that remand was unnecessary because a harmless error analysis should be applied. Id. at 37, 985 P.2d…