STATE v. ALLEN

No. 2 CA-CR 1888.

125 Ariz. 158 (1980)

608 P.2d 95

The STATE of Arizona, Appellee, v. David Ray ALLEN, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 4, 1980.

Review Denied March 18, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin by William J. Schafer, III, and Dennis C. Freeman, Asst. Attys. Gen., Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender by Lawrence H. Fleischman, Asst. Public Defender, Tucson, for appellant.


OPINION

RICHMOND, Judge.

Appellant raises two issues in this appeal from his conviction of third degree burglary: (1) The court erred in not requiring the state to elect which act it would use to satisfy the burglary statute, and (2) the court erred in failing to advise appellant of the rights he was waiving by admitting a prior conviction. We affirm the conviction, but remand for an evidentiary hearing to determine whether he was aware of the effect a prior...

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