STATE v. ANDERSON

No. 1 CA-CR 95-0176.

185 Ariz. 454 (1996)

916 P.2d 1170

STATE of Arizona, Appellee, v. Duane William ANDERSON, Appellant.

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

Review Denied May 21, 1996.


Attorney(s) appearing for the Case

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

Dean W. Trebesch, Maricopa County Public Defender by Carol A. Carrigan, Deputy Public Defender, Phoenix, for Appellant.


OPINION

NOYES, Judge.

Duane William Anderson ("Appellant") was found guilty of shoplifting five bottles of liquor worth about $90.00, and he was sentenced to prison. Shoplifting property with a value of less than $250.00 is ordinarily a class 1 misdemeanor, but it is enhanced to a class 4 felony by Arizona Revised Statutes Annotated ("A.R.S.") section 13-1805(I) (Supp. 1995) when the State alleges and proves, as it

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