STATE v. SMITH

No. CR-08-0033-PR.

194 P.3d 399 (2008)

STATE of Arizona, Appellee, v. Charles Eugene SMITH, Appellant.

Supreme Court of Arizona, En Banc.

October 30, 2008.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Catanni, Chief Counsel, Criminal Appeals, Craig W. Soland, Assistant Attorney General, Joseph T. Maziarz, Assistant Attorney General, Nicholas D. Acedo, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

James J. Haas, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, Attorneys for Charles Eugene Smith.


OPINION

RYAN, Justice.

¶ 1 This case requires us to decide if a defendant's claim that prior felony convictions from other jurisdictions are legally insufficient for sentence enhancement purposes can be reviewed on appeal when he did not preserve the claim in the trial court. We hold that despite the lack of a timely objection, such a claim is reviewable for fundamental error.

I

¶...

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