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STATE v. KELLY

No. CR-97-0128-PR.

950 P.2d 1153 (1997)

190 Ariz. 532

STATE of Arizona, Appellee, v. Timothy David KELLY, Appellant.

Supreme Court of Arizona, En Banc.

December 31, 1997.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Division, Mona S. Peugh-Baskin, Assistant Attorney General, Phoenix, for Appellee.

Dean B. Trebesch, Maricopa County Public Defender by Edward F. McGee, Deputy Public Defender, Phoenix, for Appellant.

OPINION

JONES, Vice Chief Justice.

¶ 1 The trial court gave appellant, Timothy David Kelly, an enhanced sentence based on two prior offenses rather than one. The court of appeals affirmed the dual enhancement. State v. Kelly, No. 95-0821 (Ariz.Ct. App. Dec. 24, 1996) (mem.) We granted review, having determined that the court of appeals' interpretation of the "same occasion" test for sentence enhancement...

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