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STATE v. OSBORN

No. 1 CA-CR 07-0927.

204 P.3d 432 (2009)

STATE of Arizona, Appellee, v. Ned OSBORN, Jr., Appellant.

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

February 24, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section and William Scott Simon, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Peg Green, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge.

¶ 1 Ned Osborn, Jr. ("Osborn") appeals his sentence on one count of possession or use of dangerous drugs. Osborn argues that the trial court committed fundamental error by finding that he had an historical prior felony conviction for purposes of sentencing. For the reasons that follow, we determine that there was fundamental error and remand for the trial court to determine whether...

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