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DAVIS v. SUPERIOR COURT, COUNTY OF PIMA

No. 14860.

126 Ariz. 568 (1980)

617 P.2d 520

Joe Nathan DAVIS, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF PIMA, the Honorable Robert Roylston, and Steve Neely, Pima County Attorney, Real Party in Interest, Respondents.

Supreme Court of Arizona, In Banc.

September 10, 1980.

Attorney(s) appearing for the Case

Richard S. Oseran, Pima County Public Defender, by Dan H. Cooper, Asst. Public Defender, Tucson, for petitioner.

Stephen D. Neely, Pima County Atty., by D. Jesse Smith, Deputy County Atty., Tucson, for respondents.

CAMERON, Justice.

This is a special action arising from the denial of petitioner Joe Nathan Davis' motion to dismiss the State's allegation of prior convictions in the Superior Court of Pima County. We have jurisdiction under Article 6, § 5 of the Arizona Constitution.

Davis' petition raises only one question: May enhancement of punishment, pursuant to A.R.S. § 13-604(H), be based on separate offenses, committed at various times and against different...

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