State of Arizona v. Christopher Arevalo

Summary

The court held that the sentencing enhancement for threatening or intimidating based solely on criminal street gang membership violates substantive due process. The statute lacked any requirement that the defendant’s gang status have a substantial nexus to the underlying offense, and the court concluded that it was facially invalid. The court vacated the court of appeals’ decision, affirmed the trial court’s dismissal of the charges, and remanded for further proceedings.