 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Sanchez1/30/2004
see also Orduno, 159 Ariz. at 566, 769 P.2d at 1012. More importantly, as the court in Orduno noted, trial courts can permissibly enhance a defendant's sentence for having used a car as a dangerous instrument if "the use of the car was not an element of the underlying offense and the aggravated offense could have been committed with a different dangerous instrument, such as a gun or knife." Id. (listing cases in which defendants convicted of various crimes properly received enhanced sentences because crimes involved use of automobile). Because the use of a vehicle was not an essential or necessary element of the crimes with which Sanchez was charged, the jury was free to find, as it did, that Sanchez had used the van as a dangerous instrument and thereby committed aggravated assault. Based on that finding, therefore, there was no error, much less fundamental error, in the trial court's sentencing Sanchez to enhanced prison terms. See § 13-604(I) and (P); see also Carrillo, 128 Ariz. at 471, 626 P.2d at 1103 (single jury finding that aggravated assault involved use of dangerous instrument sufficient to find both guilt and that crime was of dangerous nature).
DISPOSITION
Sanchez's convictions and sentences are affirmed.
JOHN PELANDER, Presiding Judge
CONCURRING:
PHILIP G. ESPINOSA, Chief Judge
PETER J. ECKERSTROM, Judge
Page 1 2 3 4 5 6 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|