State v. Trujillo, 227 Ariz. 314

Trujillo was convicted by jury on three counts of aggravated assault (Counts 1-3).
The court found two non-dangerous prior felonies and sentenced him to aggravated terms (Counts 1: 17 years; Count 2: 10.5 years; Count 3: 20 years).
The court stated it denied remorse and refused to accept responsibility, repeatedly referencing lack of remorse and innocence.
At issue was the court’s consideration of his silence/remorse in aggravation and whether that violated the Fifth Amendment.
The State’s disclosure process involved a pen pack and fingerprint exhibits; the trial court admitted the pen pack over defense objections.
The appellate court remanded for resentencing due to fundamental error from improper factor consideration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether lack of remorse used as an aggravating factor violated Fifth Amendment rights	Trujillo argues the court relied on lack of remorse to aggravate sentences	Trujillo contends silence/denial is protected and improper	Fundamental error; remand for resentencing
Whether the pen pack/disclosure of prior convictions was proper	Trujillo claims undisclosed page omission prejudiced defense	State argues disclosure adequate; no abuse of discretion	Discretion not abused; pen pack admissible; no reversal for discovery
Whether sentencing Count 3 as repetitive offender with dangerous finding was error	State and defense dispute the interplay of dangerous vs repetitive sentencing	No prohibition against combining; dangerous finding preserved	Permissible to sentence as repetitive offender while recognizing dangerousness

State v. Tinajero, 188 Ariz. 350 (App. 1997) (reversed for improper lack of remorse consideration (disallowed as aggravating factor))
State v. Hardwick, 183 Ariz. 649 (App. 1995) (sentencing error when lack of contrition used to aggravate; prohibited under Fifth Amendment)
Henderson v. State, 210 Ariz. 561 (2005) (fundamental error standard for trial/fundamental sentencing error)
State v. Munninger, 213 Ariz. 393 (App. 2006) (cannot rely on speculation of lighter sentence absent improper factor; but limited applicability here)
State v. Laughter, 128 Ariz. 264 (App. 1980) (dangerous/repetitive sentencing interplay; legislature intent preserved)
State v. Knorr, 186 Ariz. 300 (App. 1996) (dangerousness finding need not be dismissed when sentenced under repetitive offender statute)