State v. Avila

HALL, Judge.

¶ 1 Ricardo Avila (defendant) was convicted of two counts of aggravated driving while under the influence of intoxicating liquor (aggravated DUI), class four felonies, in violation of Arizona Revised Statutes (A.R.S.) section 28-1381(A)(1), (2) (Supp.2006). On appeal, he argues for the first time that one of the prior felony convictions used by the trial court to enhance his sentence did not qualify as a “historical prior felony conviction” as defined by A.R.S. § 13-604(W)(2)(c) (Supp.2006). Because defendant is unable to prove his claim based on the appellate record, we affirm…