STATE v. FAGNANT

No. CR-92-0099-PR.

176 Ariz. 218 (1993)

860 P.2d 485

STATE of Arizona, Appellee, v. Steven Patrick FAGNANT, 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, Criminal Appeals Section, and Crane McClennen, Asst. Atty. Gen., Phoenix, for State of Ariz.

C. Kenneth Ray, II, Phoenix, for Steven Patrick Fagnant.


OPINION

MARTONE, Justice.

We granted review to decide whether a defendant who has admitted a prior felony conviction from another jurisdiction can object for the first time on appeal to the use of that prior conviction as an aggravating factor under A.R.S. § 13-702(D)(11) on the ground that it has not been shown to be a felony in Arizona. We hold that the defendant is precluded from doing so.

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