State v. Thomas

¶ 31 May a subsequent felony offense be a “prior felony conviction ” under A.R.S. § 13-604(W)(2)(a)? Because that particular statutory subdivision expressly provides for this result, I would affirm.

I

¶ 32 The only facts necessary for the resolution of this issue deal with the dates of the commission of the offenses and the convictions for offenses at issue.

¶ 33 The operative facts are as follows: The drug offenses at issue were committed on December 18, 2002. The aggravated assault, that was determined to be an historical prior felony conviction for purposes of sentencing on the drug offenses,…