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(DOWNLOAD) "State V. Gannon" by Arizona Supreme Court # Book PDF Kindle ePub Free

State V. Gannon

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eBook details

  • Title: State V. Gannon
  • Author : Arizona Supreme Court
  • Release Date : January 03, 1981
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 53 KB

Description

Defendant, Bruce Allen Gannon, was convicted of second degree murder in the shooting death of his wife. He was sentenced after pleading no contest pursuant to a plea agreement which stipulated a 21-year sentence of incarceration in the Arizona State Prison. An appeal was processed in compliance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for the defendant raised four arguable issues in an Anders brief with the defendant filing a supplemental brief. In his supplemental brief the defendant asserted that the trial court could not impose a sentence greater than the statutory presumptive sentence of ten and one-half years under A.R.S. § 13-604(G) and § 13-702(C) without a mitigation/aggravation hearing and a finding of aggravating circumstances. In a memorandum decision the Court of Appeals reversed the decision of the trial court. After denial of its motion for a rehearing, the state filed a timely petition for review which we granted.


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