State v. Schmidt

In State v. Schmidt, 220 Ariz. 563, 208 P.3d 214 (2009), the Arizona Supreme Court considered whether a defendant's maximum potential sentence could be increased based solely on the catch-all aggravator in 13-702(C)(21). 220 Ariz. 563, P 1, 208 P.3d at 215. Schmidt had pled guilty to two offenses and received the presumptive prison term for one charge and lifetime probation for the other. Id. P 2. After serving his sentence and subsequently violating his probation conditions three times, the trial court revoked probation and sentenced him to an aggravated term of imprisonment pursuant to 13-702, based solely on the catch-all provision. Id. P 3. Schmidt petitioned for post-conviction relief, and our supreme court granted review and remanded for resentencing.