House of
Representatives
SB 1050
prior convictions and admissions; sentencing.
Sponsor: Senator Huppenthal
SB 1050 requires the court, instead of the trier of fact, to determine the aggravating circumstance of whether a person has been previously convicted of a felony.
History
A.R.S. § 13-701 provides the terms of imprisonment for non-capital felonies. These terms may be increased or decreased if aggravating or mitigating circumstances are found to be true by the trier of fact at the time of sentencing. A.R.S. § 13-702 contains a list of 22 specific aggravating circumstances and also allows the jury to consider “any other factor that the state alleges is relevant to the defendant’s character or background or to the nature or circumstances of the crime” as an aggravating circumstance. The section also contains four specific mitigating circumstances and language allowing the court to consider any other factor it deems relevant to the defendant’s character or background or to the nature or circumstances of the crime as a mitigating circumstance.
On June 24, 2004, the United States Supreme Court issued an opinion in the case of Blakely v. Washington, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). In Blakely, the Court cites a previous ruling (Apprendi v. New Jersey, 530 U.S. 466, 490 (2000) stating that “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proved beyond a reasonable doubt.” Under the Blakely decision, aggravating factors used to increase the term of incarceration above the statutory maximum must be found by the jury. The only exceptions are if the right under Blakely is waived or the circumstances are admitted to by the defendant.
Included in the list of specific aggravating circumstances under A.R.S. § 13-702 is if the defendant was previously convicted of a felony within the ten years preceding the date of the offense. SB 1050 provides that the court, instead of the trier of fact, must determine whether a person has been previously convicted of a felony.
Provisions
· States that the court, instead of the trier of fact, shall determine whether a person has been previously convicted of a felony within the ten years preceding the date of the offense.
· Allows an aggravated sentence to be imposed in non-capital cases only if one or more (two or more under A.R.S. § 13-702.01) of the aggravating circumstances:
Are found to be true by the trier of fact,
Are admitted to by the defendant,
Or if a previous felony conviction within the ten years preceding the date of the offense is found to be true by the court.
· Makes technical and conforming changes.
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Forty-seventh Legislature
Second Regular Session 2 April 12, 2006
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