State v. Viramontes

In State v. Viramontes, 200 Ariz. 452, 27 P.3d 809 (App. 2001), the Court affirmed the trial court's reliance on 13-702, holding that the special sentencing procedures of 13-703 do not apply when the death penalty is not an option. Viramontes petitioned for review by the supreme court, which held that a trial court must consider only the factors enumerated in 13-703 when sentencing a defendant for first-degree murder, regardless of whether the state seeks the death penalty. State v. Viramontes, 204 Ariz. 360, PP10, 15, 64 P.3d 188, 190 (2003). The supreme court vacated this court's opinion and remanded the case to the trial court for resentencing. Id. P15.