State v. BB
Dec 22, 2010OUTCOME: Affirmed
Court of Appeals opinion: ¶ 1 Pursuant to a plea agreement, petitioner Bianca Burgett was convicted of aggravated assault. The trial court sentenced her to an aggravated prison term of fifteen year ... s, finding as aggravating circumstances the emotional harm suffered by the victim and the fact that the offense had been committed in front of her children. [Defendant] sought post-conviction relief pursuant to Rule 32, Ariz. R.Crim. P., challenging the court's reliance on the presence of children as an aggravating circumstance and claiming the court erred in admitting hearsay at the aggravation/mitigation hearing. The court dismissed her petition, and this petition for review followed. Unless we find the court abused its discretion, we will not disturb its ruling. State v. Swoopes, 216 Ariz. 390, ¶ 4, 166 P.3d 945, 948 (App.2007). An abuse of discretion includes an error of law. State v. Rubiano, 214 Ariz. 184, ¶ 5, 150 P.3d 271, 272 (App.2007). We find no abuse of discretion here.
