Summary
applying the clear abuse of discretion standard to the review of the trial court's exclusion of evidence under the residual hearsay exception
Summary of this case from Walker v. StateOpinion
No. CR-90-0353-PR.
May 23, 1991.
ORDER
The Petition for Review came before the court for determination on May 21, 1991; on consideration,
IT IS ORDERED that the Petition for Review is denied.
FELDMAN, Vice Chief Justice, voted to grant, giving the following reasons:
The mandatory sentencing scheme as applied in this case violates article 3 of the Arizona Constitution because, as noted by the trial judge ( see 167 Ariz. 563, 569-570, 810 P.2d 191, 197, 198), it effectively vests the sentencing power in the prosecutor and deprives the judge of any discretion to sentence for a crime that is broadly described and can be committed with many graduations of culpability. See State v. Garcia, 141 Ariz. 97, 104-07, 685 P.2d 734, 741-44 (1984) (Feldman, J., dissenting).