State v. Birdsall

OPINION

HATHAWAY, Judge.

Does the superior court have the power to strike or dismiss an allegation of a prior conviction included in a grand jury indictment? The respondent court did so, upon motion of the defendant, prior to adjudication of guilt of the prior conviction. The court, in granting the motion, gave as its reason that it believed it should have discretion in the sentencing and that the charge of which the defendant had been found guilty (burglary, first degree) carried a maximum penalty of 15 years in the state prison.

A.R.S. § 13-1649, providing for enhanced punishment for a repeat…