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Arizona Armed Robbery Not a Violent Felony Under Armed Career Criminal Act

Arizona armed robbery held not a violent felony for purposes of the Armed Career Criminal Act, a federal statute imposing minimum mandatory sentencing for repeat offenders with three qualifying violent felony priors. US v. Rick Allen Jones (9th Cir. Dec. 15, 2017) A criminal appeal from the U.S. District Court for the District of Arizona, […]

Felony Fraudulent Schemes and Arson of Defendant’s Arizona Home

In Arson case, evidence of a previous fire was admitted to show a common plan or scheme in the burning of an occupied structure which was defendant’s house. Evidence from an anonymous informant was also admitted. Defendant was convicted of arson, a class 2 dangerous felony, and attempted fraudulent schemes and artifices, a class 3 […]

Prior Convictions Are an Element of Felony Shoplifting in Arizona Law

Prior convictions are an element of the crime of felony shoplifting in Arizona law; shoplifting priors are not sentencing enhancements therefore bifurcating the trial was not required. Arizona v. Lara Bifurcated Trials and Prejudicial Impact of Prior Convictions on Juries Lara was convicted of felony shoplifting after stealing merchandise from a Walmart store. Because she […]