State v. Trujillo, No. CR-18-0531-PR (Ariz. 2020)
Nature of Case: Appellant was convicted after a jury trial of a sex offense. The particular offense Appellant was convicted of required registration if the victim was under the age of eighteen, but the jury did not make a finding as to the age of the victim. Appellant claimed, therefore, that the application of sex offense registration in his case violated Apprendi v. New Jersey. The trial court rejected Appellant’s argument, and the Arizona Court of Appeals reversed the trial court. The Arizona Supreme Court thereafter accepted review.
Holding: The Arizona Supreme Court vacated the Court of Appeals opinion. Using an Ex Post Facto analysis, held that Arizona’s sex offense registration statute was non-punitive, and thus that Apprendi was not implicated.