State v. Tresize

In State v. Tresize, 127 Ariz. 571, 574, 623 P.2d 1, 4 (1980) the Arizona Supreme Court ruled that a defendant had sufficient notice a sentencing enhancement would apply when the state alleged the use of a deadly weapon or dangerous instrument in the indictment even though it did not make a separate allegation or include a citation to the relevant statute in the indictment. The facts necessary to support sentencing Tresize under the enhancement statute were alleged in the indictment and the court therefore found "no resulting prejudice or surprise from the omission of the citation." Id.