STATE v. PENDERGRAFT

No. 2 CA-CR 1857.

124 Ariz. 449 (1979)

604 P.2d 1160

The STATE of Arizona, Appellee, v. Jay Elroy PENDERGRAFT, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 19, 1979.

Review Denied January 8, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Richard S. Oseran, Pima County Public Defender by Barry J. Baker Sipe, Asst. Pima County Public Defender, Tucson, for appellant.


OPINION

RICHMOND, Chief Judge.

This appeal attacks the constitutionality of A.R.S. § 13-604, the recidivist statute of the new criminal code. Appellant, whose punishment for a class 3 felony and a class 5 felony was enhanced by a 1977 conviction, contends that A.R.S. § 13-604 is violative of the United States and Arizona constitutions which prohibit enactment of ex post facto laws.

Appellant pled guilty to the two felony offenses which were...

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