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STATE v. GRAVES

No. 1 CA-CR 95-0927.

188 Ariz. 24 (1996)

932 P.2d 289

STATE of Arizona, Appellee, v. Gregory GRAVES, Appellant.

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

Review Denied February 26, 1997.

Attorney(s) appearing for the Case

Grant Woods, Arizona Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Joseph T. Maziarz, Assistant Attorney General, Phoenix, for Appellee.

H. Allen Gerhardt, Coconino County Public Defender, Flagstaff, for Appellant.

OPINION

NOYES, Judge.

Gregory Graves ("Appellant") was indicted on five counts of sale of narcotic drugs, class 2 felonies. The State subsequently amended the indictment to allege two prior felony convictions. A jury found Appellant guilty on all five counts and it also found that he had two prior felony convictions. The only issues on appeal relate to the prior convictions. We conclude that the class 5 felony prior conviction did not qualify as a historical...

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