State v. Smith

OPINION

RYAN, Justice.

¶ 1 This case requires us to decide if a defendant’s claim that prior felony convictions from other jurisdictions are legally insufficient for sentence enhancement purposes can be reviewed on appeal when he did not preserve the claim in the trial court. We hold that despite the lack of a timely objection, such a claim is reviewable for fundamental error.

I

¶2 A jury convicted Charles Eugene Smith of one count of theft of means of transportation, a class three felony, and armed robbery, a class two dangerous felony. The State alleged three prior felony convictions for…