State ex rel. Smith v. Conn
In State ex rel. Smith v. Conn, 209 Ariz. 195, 209 Ariz. 195, 98 P.3d 881 (App. 2004), the trial court had determined that Blakely v. Washington "essentially invalidated Arizona's statutory scheme for imposing aggravated sentences unless a defendant waives a right to a jury trial on aggravating factors." Id. P 5.
Division One disagreed, holding instead that "there is nothing in the plain language of A.R.S. 13-702(B) that prohibits a trial court from submitting aggravating factors to the jury. Moreover, nothing in A.R.S. 13-702(B) prevents a jury from finding aggravating factors." Id. P 7.