Legal Opinion

State v. Robertson

Court of Appeals of Arizona

Decided March 6, 1990No. 2 CA-CR 90-0010Published

1Opinion of the Court

OPINION

HATHAWAY, Judge.

In 1979, appellant pled guilty to one count of armed robbery, a class 2 felony, with two prior nondangerous felony convictions. The sentencing range was 14 to 28 years, with a presumptive term of 15.75 years. The trial court imposed an aggravated sentence of 22 years. The conviction *505and sentence were affirmed on appeal; however, in subsequent post-conviction proceedings Division One of this court found that the two prior convictions should have been treated as one for purposes of sentencing. The sentence was therefore vacated and the cause remanded for resen-tencing…

2Cases cited3 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. State v. McDonaldCourt of Appeals of Arizona · 1987
  3. State v. SmithCourt of Appeals of Arizona · 1989

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