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STATE v. BRAUN

Nos. 2 CA-CR 93-0643, 2 CA-CR 95-0223-PR.

185 Ariz. 245 (1995)

914 P.2d 1337

The STATE of Arizona, Appellee/Respondent, v. Carlos Moroyoqui BRAUN, Appellant/Petitioner.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied April 23, 1996.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Attorney by Reagen Kulseth, Tucson, for Appellee/Respondent.

D. Jesse Smith, Tucson, for Appellant/Petitioner.

OPINION

ESPINOSA, Presiding Judge.

Appellant/petitioner Braun was convicted of one count of unlawful sale of a narcotic drug and two counts of unlawful transfer of a narcotic drug. He was sentenced to concurrent, presumptive prison terms of 10.5 years each. This court affirmed the convictions on appeal but concluded that the trial court had erred in refusing to treat counts two and three as prior convictions for enhancement purposes and therefore vacated the...

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