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STATE v. DIAZ

No. CR-09-0257-PR.

230 P.3d 705 (2010)

STATE of Arizona, Appellee, v. Daniel DIAZ, Appellant.

Supreme Court of Arizona, En Banc.

April 19, 2010.

Attorney(s) appearing for the Case

Edward G. Rheinheimer, Cochise County Attorney By David R. Pardee, Deputy County Attorney, José A. Ceja, Deputy County Attorney, Bisbee, Attorneys for State of Arizona.

The Law Offices of Kelly A. Smith By Kelly A. Smith, Yuma, Attorney for Daniel Diaz.

OPINION

BERCH, Chief Justice.

¶ 1 The question in this case is whether a defendant convicted of possessing methamphetamine for sale who has two non-methamphetamine-related historical prior felony convictions was properly sentenced under Arizona's general repetitive offender statute rather than a statute applicable to certain methamphetamine-related offenses. We hold that the methamphetamine sentencing statute does not prohibit the trial court from enhancing...

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