STATE v. DRAPER

No. 1 CA-CR 3849.

123 Ariz. 399 (1979)

599 P.2d 852

STATE of Arizona, Appellee, v. Martin Hale DRAPER, Appellant.

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

Rehearing Denied August 16, 1979.

Review Denied September 18, 1979.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Jessica L. Gifford, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Garth V. Smith, Deputy Public Defender, Phoenix, for appellant.


OPINION

JACOBSON, Judge.

The appellant, Martin Hale Draper, entered into a plea agreement by which he agreed to plead guilty to shoplifting goods valued at less than one hundred dollars "with a prior conviction," described as a class 6 felony pursuant to A.R.S. §§ 13-1805(F) and 13-604(E) of the Criminal Code of 1978. These two statutes read as follows:

"§ 13-1805: * * * * * * "F. Shoplifting property with a value...

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