STATE v. SONG

No. CR-92-0079-PR.

176 Ariz. 215 (1993)

860 P.2d 482

STATE of Arizona, Appellee, v. Gary Young Soo SONG, Appellant.

Supreme Court of Arizona, En Banc.

September 28, 1993.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, Joseph T. Maziarz and Crane McClennen, Asst. Attys. Gen., Phoenix, for State of Ariz.

Dean W. Trebesch, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, Phoenix, for Gary Young Soo Song.


OPINION

MARTONE, Justice.

We are asked to decide whether a defendant may, for the first time on appeal, object to sentence enhancement under A.R.S. § 13-604.02 on the ground that the out-of-state felony for which he was on parole would not necessarily constitute a felony in Arizona. We conclude that, because defendant failed to raise this issue in the trial court, he is precluded from raising it on appeal.

I. BACKGROUND

The defendant...

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