State v. Kelly

OPINION

JONES, Vice Chief Justice.

¶ 1 The trial court gave appellant, Timothy David Kelly, an enhanced sentence based on two prior offenses rather than one. The court of appeals affirmed the dual enhancement. State v. Kelly, No. 95-0821 (Ariz.Ct. App. Dec. 24, 1996) (mem.) We granted review, having determined that the court of appeals’ interpretation of the “same occasion” test for sentence enhancement set forth in A.R.S. § 13-604(M) (Supp.1997) and discussed in State v. Sheppard, 179 Ariz. 83, 876 P.2d 579 (1994), is erroneous. We hold that our analysis of the “same occasion” provision in…