Arizona Supreme Court· 7/2/1987

State v. Hurley

Citations

741 P.2d 257
154 Ariz. 124
1987 Ariz. LEXIS 175

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that release status must be proven by clear and convincing evidence through reliable documentary evidence
holding that release status was a sentencing factor and that the legislature did not change \the elements to avoid having to prove a traditional or logical component of the crime beyond a reasonable doubt\
holding that release status was a sentencing factor and that the legislature did not change “the elements to avoid having to prove a traditional or logical component of the crime beyond a reasonable doubt”
the court must find release status by clear and convincing evidence, not beyond a reasonable doubt
“documentation requirement” for sentence enhancement purposes excused “if defendant admits the prior conviction”
without specifying which documents were required, but finding a presentence report insufficient, court stated, “to prove prior convictions, the state must offer in evidence a certified copy of the documents establishing the conviction”

Source: CourtListener parenthetical corpus (CC0).

Judges: Feldman, Gordon, Cameron, Holohan, Moeller

Read full opinion on CourtListener

Cited by

34 cases in this archive cite this case; the 20 most cited are listed.

Cites

44 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.