No. 1 CA-CR 4841.

130 Ariz. 80 (1981)

634 P.2d 7

STATE of Arizona, Appellee, v. Reynaldo R. MARTINEZ, Appellant.

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

Rehearing Denied August 19, 1981.

Review Denied September 22, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Asst. Atty. Gen., Chief Counsel, Crim. Div. and Greg A. McCarthy, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Charles R. Krull, Deputy Public Defender, Phoenix, for appellant.


CONTRERAS, Presiding Judge.

Appellant was convicted of second degree burglary with three prior felony convictions and was sentenced to the Arizona Department of Corrections for a term of fourteen years. He asserts two arguments on appeal. First, he argues that because his prior convictions were used to enhance punishment under the recidivist statute,1 they were improperly used as aggravating circumstances to enhance punishment...

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