State v. McPherson

HATHAWAY, Judge.

On November 25, 1968, Leroy McPherson was charged with stealing 13 pillowcases — • a petty theft. The complaint further alleged a prior burglary conviction, a felony, on September 4, 1963. He was tried to the court, sitting without a jury, convicted, and sentenced to a term of not less than four nor more than five years in the State Prison, an increased punishment under A. R.S. § 13-1649, subsec. A, par. 3, since amended.

He appeals from the conviction and sentence and first questions the propriety of the sentence. The state concedes that the question of the prior conviction…