State v. Lara

OPINION

DOWNIE, Judge:

¶ 1 Monica Lara appeals her shoplifting conviction. We hold that in this felony prosecution brought pursuant to Arizona Revised Statutes (“A.R.S.”) section 13-1805(1), Lara’s prior shoplifting convictions are elements of the charged offense, not sentencing enhancements. As a result, the superior court properly declined to bifurcate the trial, and we affirm the ensuing conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶2 Lara was charged with one count of shoplifting with two or more prior convictions—a class 4 felony in violation of A.R.S. § 13-1805(A), (I).…