State ex rel. Montgomery v. Brain, 1 CA-SA 17-0186, 2018 WL 2348473 (App. May 24, 2018)
May 24, 2018OUTCOME: I argued successfully before the Arizona Court of Appeals to uphold the trial court's dismissal of the allegation of dangerousness against my client.
Background: Defendant was charged with intentionally or knowingly subjecting an animal to cruel mistreatment, and State alleged that the crime was a dangerous offense because it involved the use of a m ... etal rod. The Superior Court, Maricopa County, No. CR2017-100746-001, Mark H. Brain, J., granted defendant's motion to dismiss the dangerousness allegation. State petitioned for a special action. Holdings: The Court of Appeals, Brown, J., held that: 1 defendant was not subject to increased punishment for being dangerous offender, and 2 State cannot charge a crime as a dangerous offense unless it involves a deadly weapon or dangerous instrument against another person. Affirmed.
