State v. Dixon

FELDMAN, Vice Chief Justice,

concurring.

I concur in the result and in the majority’s analysis. I write separately only because—even assuming it is possible under the eighth amendment—I doubt that the courts may impose seven consecutive life sentences on defendant for sexually assaulting one victim. Although the issue has not been squarely raised by the parties or dealt with in the opinion, I believe that A.R.S. § 13-116 limits the court’s power to impose seven consecutive sentences. Not all of the acts committed by defendant were separate acts. See State v. Noble, 152 Ariz. at 287 nn. 2 and 3, 731 P.2d at 1231 nn. 2 and 3 (1987). Because it is academic at best to debate whether defendant should serve “only” four or five as opposed to seven consecutive life sentences, I believe it best that the court has left the issue to abide another day and another case.