STATE v. SIMMONS

No. 2 CA-CR 2424.

131 Ariz. 482 (1982)

642 P.2d 479

The STATE of Arizona, Appellee, v. Phillip Richard SIMMONS, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 3, 1982.

Review Denied March 23, 1982.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Joel M. Glynn, Phoenix, for appellee.

Peter B. Keller, Tucson, for appellant.


OPINION

BIRDSALL, Judge.

The appellant was found guilty, as charged, of burglary in the first-degree and theft of property with a value of over $100. The jury also found that he had a prior felony conviction. He was sentenced to concurrent presumptive terms.

On appeal the only questions presented involve the allegation and proof of the prior conviction. The appellant contends:

1) That the state's motion to allow the allegation should have been...

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