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STATE v. NGUYEN

Nos. 1 CA-CR 03-0606, 1 CA-CR 03-0607.

93 P.3d 516 (2004)

208 Ariz. 316

STATE of Arizona, Appellee, v. Hung Manh NGUYEN, Appellant.

Court of Appeals of Arizona, Division One, Department E.

June 22, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General, Phoenix, By Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Kerri L. Chamberlin, Assistant Attorney General, Criminal Appeals Section, for Appellee.

James J. Haas, Maricopa County Public Defender, Phoenix, By Brent E. Graham, Deputy Public Defender, for Appellant.

OPINION

BARKER, J.

¶ 1 We address in this opinion how Arizona Revised Statutes ("A.R.S.") section 13-604.02(B) (2001), requiring consecutive sentences for new crimes committed while on probation, interacts with Arizona's statutory and constitutional provisions for a twelve-person jury. For the reasons that follow, we agree with the trial judge that the potential sentence for the previously adjudicated offense is not included when determining whether...

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