STATE of Arizona, Appellee.
v.
Mark James McCANN, Appellant.
Supreme Court of Arizona, En Banc.https://leagle.com/images/logo.png
July 18, 2000.
As Corrected July 25, 2000.
Attorney(s) appearing for the Case
Janet Napolitano, Arizona Attorney General By Paul J. McMurdie, Chief Counsel Criminal Appeals Section And Randall M. Howe, Assistant Attorney General, and Robert L. Ellman, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.
Phoenix Pima County Public Defenders' Office By Susan A. Kettelwell, Pima County Public Defender And Susan C.L. Kelly, Assistant Public Defender, Tucson, Attorneys for McCann.
Supreme Court of Arizona, En Banc.
OPINION
McGREGOR, Justice.
¶ 1 In State v. Reagan,103 Ariz. 287, 440 P.2d 907 (1968), we held that a court can use a prior conviction to enhance a sentence only if "the record of that prior conviction show[s] that [the] defendant was represented by counsel, or advised of his rights to counsel, and waived his right to counsel, before it can be used in [a] subsequent prosecution...
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