State v. Martinez

OPINION

CONTRERAS, Presiding Judge.

Appellant was convicted of second degree burglary with three prior felony convictions and was sentenced to the Arizona Department of Corrections for a term of fourteen years. He asserts two arguments on appeal. First, he argues that because his pri- or convictions were used to enhance punishment under the recidivist statute, 1 they were improperly used as aggravating circumstances to enhance punishment beyond the presumptive term. 2 Secondly, he claims that during closing arguments the prosecutor impermissibly commented on his fifth amendment right not to…