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STATE v. BONFIGLIO

No. CR-12-0018-PR.

295 P.3d 948 (2013)

STATE of Arizona, Appellee, v. Austin James BONFIGLIO, Appellant.

Supreme Court of Arizona, En Banc.

March 6, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation, Angela Corinne Kebric, Assistant Attorney General, Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

James J. Haas, Maricopa County Public Defender By Tennie B. Martin, Deputy Public Defender, Mikel P. Steinfeld, Deputy Public Defender, Phoenix, Attorneys for Austin James Bonfiglio.

OPINION

BRUTINEL, Justice.

¶ 1 A court must set forth on the record at sentencing one of the specific statutory aggravating factors enumerated in A.R.S. § 13-701(D)(1)-(23) before it may impose an aggravated sentence. We hold that once the court identifies one of these factors, it may rely on the "catch-all" aggravator provision in § 13-701(D)(24) to increase the sentence even if the court does not expressly use the specific statutory aggravator...

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