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STATE v. BURNS

Nos. 1 CA-CR 12-0416, 1 CA-CR 12-0418.

298 P.3d 911 (2013)

STATE Of Arizona, Appellee, v. Thomas John BURNS, Jr., Appellant.

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

As Modified April 30, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne, Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Andrew Reilly, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Spencer D. Heffel, Deputy Public Defender, Phoenix, Attorneys for Appellant.

JOHNSEN, Judge.

¶ 1 A jury convicted Thomas John Burns, Jr., of a burglary he committed while on lifetime probation for two prior felonies. On appeal, Burns argues and the State concedes that his probation should have been revoked and he should have been sentenced to prison on his prior convictions pursuant to Arizona Revised Statutes ("A.R.S.") section 13-708(C) (West 2013).1 We hold § 13-708(C) requires that when a defendant...

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