State v. Evans

*316OPINION

HATHAWAY, Judge.

Appellant was convicted of offering to sell heroin in violation of A.R.S. Sec. 36-1002.02 with a prior grand theft conviction. The minimum sentence without a prior is five years, and with a non-drug prior is ten years (A.R.S. Sec. 13-1649). Appellant was given a ten year suspended sentence. That same day appellant was sentenced for second degree burglary with the same grand theft prior conviction. Appellant claims that the use of the grand theft conviction more than once constituted double jeopardy and violates A.R.S. Sec. 13-1641, which states that a single act can…