State v. White

OPINION

HATHAWAY, Judge.

Appellant was found guilty by a jury of grand theft with a prior conviction and was sentenced to serve ten to twelve years in the Arizona State Prison. Four points are raised in this appeal.

1. He claims the trial court erred by granting the state’s motion to allege a prior conviction since it was filed 19 days before the date set for trial in violation of Rule 16.1(b), Arizona Rules of Criminal Procedure, 17 A.R.S. The case actually went to trial three months after the filing of the motion. We can dispose of this issue on the basis of State v. Barnett, 112 Ariz. 210,…