STATE v. SMITH

No. 1 CA-CR 06-0742.

173 P.3d 472 (2007)

STATE of Arizona, Appellee, v. Charles Eugene SMITH, Appellant.

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

December 24, 2007.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General, by Randall M. Howe, Chief Counsel, Joseph T. Maziarz, Assistant Attorney General, Criminal Appeals Section, Phoenix, Attorneys for Appellee.

Maricopa County Public Defender, by Stephen R. Collins, Deputy Public Defender, Phoenix, Attorneys for Appellant.


OPINION

IRVINE, Presiding Judge.

¶ 1 Charles Eugene Smith appeals his sentence on the basis that it was improperly enhanced and his credit for presentence incarceration was incorrect. We hold that Smith's failure to argue in the trial court that his prior felony convictions would not constitute felonies in Arizona bars him from raising the issue on appeal. The State having no objection, we also order that his presentence incarceration credit be increased...

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