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STATE v. VIRAMONTES

No. 2 CA-CR 2003-0265.

93 P.3d 536 (2004)

208 Ariz. 336

The STATE of Arizona, Appellant, v. Samuel Phillip VIRAMONTES, Appellee.

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

Reconsideration Granted September 15, 2004.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney, By Elizabeth Hurley, Tucson, for Appellant.

Isabel G. Garcia, Pima County Legal Defender, By Robb P. Holmes, Tucson, for Appellee.

OPINION

HOWARD, Presiding Judge.

¶ 1 Appellant State of Arizona challenges the trial court's sentencing of appellee Samuel Viramontes pursuant to A.R.S. § 13-703, claiming the court should have employed the aggravating and mitigating factors in A.R.S. § 13-702 instead. But, because A.R.S. § 13-4032 does not give the state the right to appeal the sentence, we do not have jurisdiction and dismiss the appeal.

¶ 2 The...

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