The STATE of Arizona, ex rel. Thomas E. COLLINS, Maricopa County Attorney, Petitioner,
v.
The SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA; The Honorable Morris Rozar, Judge of the Maricopa County Superior Court, Respondents, and and Michael Frederick FLIEGEL, Real Party in Interest, Respondents.
Supreme Court of Arizona, In Banc.https://leagle.com/images/logo.png
October 31, 1984.
October 31, 1984.
Attorney(s) appearing for the Case
Thomas E. Collins, Maricopa County Atty. by Joel M. Glynn, Sandra Janzen, Deputy County Attys., Phoenix, for petitioner.
Ross P. Lee, Maricopa County Public Defender by Paul C. Klapper, James L.P. Logan, Deputy Public Defenders, Phoenix, for respondents.
Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Asst. Atty. Gen., Phoenix, for brief amicus curiae, State of Ariz.
Stephen G. Udall, Apache County Atty., St. Johns, Dale Patton, Navajo County Atty., Holbrook, John Verkamp, Coconino County Atty., Flagstaff, William J. Ekstrom, Mohave County Atty., Kingman, Jack Williams, Graham County Atty., Safford, William A. Coffeen, Greenlee County Atty., Clifton, Don Moon, La Paz County Atty., Parker, Roy Mendoza, Pinal County Atty., Florence, Charles Hastings, Yavapai County Atty., Prescott, Stephen D. Neely, Pima County Atty., Tucson, Beverly Jenney, Cochise County Atty., Bisbee, Dennis T. Fenwick, Santa Cruz County Atty., Nogales; Robert Duber II, Gila County Atty. by Candyce C. Beumler, Deputy County Atty., Globe, David Ellsworth, Yuma County Atty. by Timothy Holtzen, Deputy County Atty., Yuma, for brief amicus curiae, The County Attys. of The Fourteen Counties Outside Maricopa County.
Supreme Court of Arizona, In Banc.
CAMERON, Justice.
This is a special action arising from the granting of defendant's motion to strike the state's allegation of prior convictions pursuant to A.R.S. § 13-604. We have jurisdiction under Article 6, § 5 of the Arizona Constitution.
The state's petition raises only one question: May enhancement of punishment pursuant to A.R.S. § 13-604(A) be based on separate offenses, committed on separate occasions, but charged in the same indictment...
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