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STATE v. PITTS

No. CR-93-0490-PR.

178 Ariz. 405 (1994)

874 P.2d 962

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

Supreme Court of Arizona, En Banc.

May 5, 1994.

Attorney(s) appearing for the Case

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

David J. Martin, Lakeside, for appellant.

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

The trial court considered several factors, including defendant's prior DUI misdemeanor convictions, as aggravating factors in sentencing defendant for an aggravated DUI under A.R.S. § 28-692.02.1 The court of appeals reversed, holding that defendant's prior DUI convictions were necessarily included elements of the current offense...

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