STATE EX REL. ROMLEY v. HAUSER

No. CV-04-0321-SA.

105 P.3d 1158 (2005)

209 Ariz. 539

STATE of Arizona ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. Hon. Brian R. HAUSER, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, and Mark D. Dancy, aka Shawn Woods, Real Party in Interest.

Supreme Court of Arizona, En Banc.

February 9, 2005.


Attorney(s) appearing for the Case

Richard M. Romley, Former Maricopa County Attorney, Andrew P. Thomas, Maricopa County Attorney by Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for Petitioner.

James J. Haas, Maricopa County Public Defender by Edith M. Lucero, Deputy Public Defender, Phoenix, Attorneys for Real Party in Interest.

Gregory T. Parzych, Attorney for Amicus Curiae, Mesa, Arizona Attorneys for Criminal Justice.


OPINION

HURWITZ, Justice.

¶ 1 Real party in interest Mark Dancy was indicted for theft of a means of transportation, a class three felony, in violation of Arizona Revised Statutes ("A.R.S.") § 13-1814 (2001). The State amended the indictment to allege prior offenses for purposes of sentencing enhancement under A.R.S. § 13-702.02 (2001). The amendment alleged that Dancy had committed theft, a class six felony, on February 24, 1991, for which...

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