Arizona Supreme Court
State of Arizona, Appellee v. Austin James Bonfiglio, Appellant
March 6, 2013231 Ariz. 371
Summary
The court held that a sentencing court may rely on the statutory catch-all aggravator to impose an aggravated sentence once a specifically enumerated aggravating factor has been found or admitted, even if the court does not expressly state that the specific factor itself increased the sentence. Because the trial court placed the defendant’s prior felony convictions on the record and used them to sentence him as a repetitive offender, the catch-all aggravator could support the aggravated sentence. The court affirmed the sentence and overruled contrary precedent to the extent inconsistent with this rule.