STATE v. GARCIA

Nos. 1 CA-CR 96-0332, 1 CA-CR 96-0333.

943 P.2d 870 (1997)

189 Ariz. 510

STATE of Arizona, Appellee, v. Fernando Ramon GARCIA, Appellant.

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

Review Denied September 16, 1997.


Attorney(s) appearing for the Case

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

Dean W. Trebesch, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, for Appellant.


OPINION

McGREGOR, Chief Judge.

In these consolidated appeals, we examine the use of historical prior felony convictions as a basis for sentence enhancement under Arizona Revised Statutes Annotated ("A.R.S.") section 13-604 (Supp.1996). Specifically, we consider what constitutes a "third or more prior felony conviction" under A.R.S. section 13-604.U.1(d).

I.

Fernando Ramon Garcia ("defendant") was convicted of theft, a class 5 felony, on...

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