State v. Smith

OPINION

IRVINE, Presiding Judge.

¶ 1 Charles Eugene Smith appeals his sentence on the basis that it was improperly enhanced and his credit for presentence incarceration was incorrect. We hold that Smith’s failure to argue in the trial court that his prior felony convictions would not constitute felonies in Arizona bars him from raising the issue on appeal. The State having no objection, we also order that his presentence incarceration credit be increased.

FACTS AND PROCEDURAL HISTORY

¶ 2 Charles Eugene Smith (“Smith”) was convicted in Maricopa County Superior Court of one count of theft of means…