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State v. Jacobs4/7/2004
ancement and aggravation of the sentence each reflected additional factors over and above the element of the offense. See Germain.
Accordingly, in sentencing Jacobs, the trial court engaged in the legislatively authorized "'complex, multiple-step process'" to "determine the appropriate sentence for [Jacobs's] crime." Alvarez, 205 Ariz. 110, 8, 67 P.3d at 709, quoting Bly, 127 Ariz. at 373, 621 P.2d at 282. As such, Jacobs's sentence is not illegal, nor was he placed in double jeopardy merely because the sentencing scheme prescribes harsher punishment for repeat felony offenders. See Bly; Alvarez.
Jacobs's conviction and sentence are affirmed.
JOSEPH W. HOWARD, Judge
CONCURRING:
J. WILLIAM BRAMMER, JR., Presiding Judge
M. JAN FLOREZ, Judge
Page 1 2 3 4 Arizona DUI Attorneys
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