STATE v. WATKINS

Nos. 1 CA-CR 88-297-PR, 1 CA-CR 88-304-PR.

161 Ariz. 108 (1989)

776 P.2d 359

STATE of Arizona, Respondent, v. Rex D. WATKINS, Petitioner.

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

June 27, 1989.


Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa County Atty. by H. Allen Gerhardt, Deputy County Atty., Phoenix, for respondent.

John M. Antieau, Phoenix, for petitioner.


OPINION

JACOBSON, Presiding Judge.

This petition for post-conviction relief again calls into question the use of an "open end" offense (one which may be punished either as a misdemeanor or a felony) to enhance punishment on a subsequent conviction.

In 1982, petitioner, Rex D. Watkins, was convicted of two class 3 felonies. Pursuant to the then existing form of A.R.S. § 13-604(D),1 the trial court enhanced the petitioner...

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