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STATE v. BROWN

No. CV-05-0263-PR.

129 P.3d 947 (2006)

212 Ariz. 225

The STATE of Arizona, Petitioner, v. Honorable Michael J. BROWN, Judge of the Superior Court of the State of Arizona, in and for the County of Santa Cruz, Respondent Judge, Jonathan McMullen, Real Party in Interest.

Supreme Court of Arizona, En Banc.

March 16, 2006.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Nicholas D. Acedo, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

Robert J. Hooker, Pima County Public Defender by Frank P. Leto, Michael J. Miller, Tucson, Attorneys for Jonathan Wayne McMullen.

OPINION

HURWITZ, Justice.

¶ 1 The issue in this case is whether a defendant's statements during a plea colloquy relieve the State of its obligation under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and its progeny to prove aggravating factors to a jury. We conclude that the Sixth Amendment requires that "any fact that increases the penalty for a crime beyond the prescribed statutory...

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