State v. Gilbert

CAMERON, Chief Justice.

Defendant Leon Mark Gilbert appeals from the jury determination, after a verdict of guilt to the crime of armed robbery, A.R.S. §§ 13-641 and 643, that he also had been previously convicted of two felonies. We have jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court, 17A A.R.S.

We must answer two questions on appeal:

1. Was it error to allow the same jury that had found defendant guilty of armed robbery to also consider the correctness of the allegation of prior convictions?

2. Was it error to deny defendant’s motion to sever the hearing on the two prior…