STATE v. CHRISTIAN

No. CR-02-0233-PR.

66 P.3d 1241 (2003)

205 Ariz. 64

STATE of Arizona, Appellant, v. James Earl CHRISTIAN, Appellee.

Supreme Court of Arizona.

April 18, 2003.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Diane Gunnels Rowley, Deputy County Attorney, Phoenix, Attorneys for Plaintiff-Appellant.

James J. Haas, Maricopa County Public Defender by M. Daniel Evans, Deputy Public Defender, Phoenix, Attorneys for Defendant-Appellee.


OPINION

RYAN, Justice.

¶ 1 The narrow issue we must decide in this matter is whether a defendant's prior felony conviction for possession of narcotic drugs below the statutory threshold amount can be used as a historical prior felony conviction to enhance the sentence of a subsequent felony offense. The trial court ruled that it could not. The court of appeals, in a split decision, reversed the trial court. Agreeing with the majority of the court of...

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