State v. Zinsmeyer
In State v. Zinsmeyer, 222 Ariz. 612, 218 P.3d 1069 (App. 2009), the panel vacated defendant's sentence and remanded for resentencing on the basis that the trial court failed to specifically state which factors it considered when aggravating defendant's sentence. Id. at 622,23, 218 P.3d at 1079.
Similar to defendant here, the Zinsmeyer defendant had a prior conviction and committed the current offenses while on probation. Id. at 621,20, 218 P.3d at 1078.
The court stated that "although its minute entry lists defendant's prior felony conviction as a 'circumstance' relevant to his sentence, the trial court did not cite his prior conviction as an aggravating factor." Id. at 622,23, 218 P.3d at 1079.
Having concluded the trial court did not rely on the defendant's prior convictions to aggravate the sentence, "although it could have," the court held that the imposed sentence constituted fundamental error. Id. at 622-23,23-26, 218 P.3d at 1079-80.