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RANEY v. LINDBERG

No. 1 CA-SA 02-0270.

76 P.3d 867 (2003)

206 Ariz. 193

Phillip Kyle RANEY, Petitioner, v. The Honorable Thomas B. LINDBERG, Judge of the Superior Court of The State of Arizona, in and for the County of Yavapai, Respondent Judge, State of Arizona, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department B.

September 23, 2003.

Attorney(s) appearing for the Case

Sheila Sullivan Polk, Yavapai County Attorney By Mark K. Ainley, Deputy County Attorney, and Dennis M. McGrane, Deputy County Attorney, Prescott, Attorneys for Real Party in Interest.

C. Kenneth Ray II, P.C. By C. Kenneth Ray II, Prescott, Attorney for Petitioner.

OPINION

HALL, Judge.

¶ 1 This special action presents two issues for our consideration:

1. Does Arizona Revised Statutes ("A.R.S.") section 13-901.01(F) (2001) apply when the state has not formally alleged a conviction and when the plea agreement includes no reference to it?

2. Does the offense of solicitation of possession of a dangerous drug constitute a previous conviction pursuant to § 13-901.01(F)?

We answer both...

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