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STATE v. MARTINEZ

No. 1 CA-CR 03-0728.

100 P.3d 30 (2004)

209 Ariz. 280

STATE of Arizona, Appellee, v. Pablo Arciniega MARTINEZ, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

November 4, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Michael T. O'Toole, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Stephen Whelihan, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

THOMPSON, Judge.

¶ 1 In this opinion we address issues presented by the United States Supreme Court's recent decision in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). We hold that a judge's imposition of an aggravated sentence that falls within the range authorized by a jury's verdict comports with Blakely; a jury need not find every aggravator upon...

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