State v. Raboy

LANKFORD, Judge.

¶ 1 Stephen Ross Raboy (“Petitioner”) petitions this Court to review the dismissal of his notice of post-conviction relief. In his notice, he argued that, under State v. Tarango, 185 Ariz. 208, 914 P.2d 1300 (1996), he could not be sentenced to a flat-time, enhanced term of imprisonment because the enhancement statute specifically provides for. early release. He asks that we reverse the dismissal of the notice and remand for resentencing.

¶ 2 The issue is whether Petitioner’s sentence, enhanced under one statute, is also required to be served without early release pursuant to…