State v. Superior Court in and for Maricopa

CAMERON, Justice.

This is a special action arising from the granting of defendant’s motion to strike the state’s allegation of prior convictions pursuant to A.R.S. § 13-604. We have jurisdiction under Article 6, § 5 of the Arizona Constitution.

The state’s petition raises only one question: May enhancement of punishment pursuant to A.R.S. § 13-604(A) be based on separate offenses, committed on separate occasions, but charged in the same indictment and consolidated for trial?

The facts necessary for a disposition of the issue follow. On 16 January 1984 defendant, Michael Frederick Fliegel, was…