Robbins v. Darrow

OPINION

NORRIS, Judge.

¶ 1 This special action arises out of an order entered by the superior court denying a motion by petitioner, Robin Lynn Robbins, to preclude the jury panel from hearing allegations that Robbins had prior convictions for driving under the influence (DUI). The issue we must decide is whether, in a misdemeanor prosecution under Arizona Revised Statutes (A.R.S.) section 28-1381 (2004), the existence of a prior DUI conviction is an element of the offense created by that statute, or instead, is a sentencing enhancer. We hold it is a sentencing enhancer, not an element.

FACTS AND…