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STATE v. THOMAS

No. CR-08-0051-PR.

194 P.3d 394 (2008)

STATE of Arizona, Appellee, v. Marcel Barry THOMAS, Appellant.

Supreme Court of Arizona, En Banc.

October 30, 2008.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent Catanni, Chief Counsel, Criminal Appeals Section, Phoenix, Diane L. Hunt, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Dana P. Hlavac, Mohave County Public Defender By Jill L. Evans, Kingman, Attorney for Marcel Barry Thomas.

OPINION

McGREGOR, Chief Justice.

¶ 1 We granted review to determine whether a felony conviction resulting from an offense committed after the defendant committed the sentencing offense qualifies as a historical prior felony conviction under Arizona Revised Statutes (A.R.S.) section 13-604.W.2(a) (Supp.2007). We hold that, for those felonies enumerated in § 13-604.W.2(a), conviction for the enhancing offense must occur before conviction for the...

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