(Download) "State v. Orduno" by Arizona Supreme Court " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Orduno
- Author : Arizona Supreme Court
- Release Date : January 10, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
Ernest Orduno (defendant) was charged with and found guilty of the class 5 felony offense of driving while under the influence of intoxicating liquor (DUI) with a suspended, cancelled, revoked, or refused operators license. The jury found the DUI to be a "dangerous offense" for sentence enhancement purposes under A.R.S. § 13-604. The trial court entered a post-trial judgment of acquittal on the allegation of dangerousness and placed defendant on probation with six months in prison as a condition of probation. On appeal by the state, the court of appeals reinstated the finding of dangerousness and remanded the case to the trial court for resentencing. We granted review to determine whether the operation of a motor vehicle in a DUI case may also be considered the use of a dangerous instrument for sentence enhancement purposes under A.R.S. § 13-604(F). We have jurisdiction pursuant to article 6, § 5(3) of the Arizona Constitution and Ariz.R.Crim.P. 31.19, 17 A.R.S.
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