STATE v. PITTS

No. 1 CA-CR 92-0816.

178 Ariz. 59 (1993)

870 P.2d 1155

STATE of Arizona, Appellee, v. Chester Lee PITTS, Appellant.

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

Review Granted April 5, 1994.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Linda L. Knowles, Asst. Atty. Gen., Phoenix, for appellee.

David J. Martin, Lakeside, for appellant.


OPINION

GARBARINO, Judge.

Appellant Chester Lee Pitts (defendant) pled guilty to negligent homicide, a class 4 felony, and driving under the influence (DUI) on a suspended or revoked license, a class 5 felony. On appeal, the defendant argues that he was subjected to double punishment by the court's use of his prior DUI convictions as both a necessary element of the offense which resulted in his license being suspended or revoked and for aggravation purposes...

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