STATE v. MARTINEZ

No. 1 CA-CR 90-769.

172 Ariz. 437 (1992)

837 P.2d 1172

STATE of Arizona, Appellee, v. Steve Otero MARTINEZ, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Review Denied October 20, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., and Barbara A. Jarrett, Asst. Atty. Gen., Phoenix, for appellee.

Law Office of John W. Rood, III by John W. Rood, III, Phoenix, for appellant.


OPINION

JACOBSON, Presiding Judge.

This appeal presents the interesting issue whether a trial judge is precluded from enhancing a sentence based on his finding that the underlying offenses were committed while defendant was on probation for a felony after a jury determined that defendant had no prior felony conviction on the same offense for which probation was granted.

Facts and Procedural Background

On December 13, 1989, appellant...

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