State v. Mendibles

OPINION

HATHAWAY, Judge.

Appellant, convicted of robbery and aggravated assault, seeks reversal of both convictions. 1

Appellant claims the trial court erred in sentencing him under A.R.S. Sec. 13-1649, the enhanced punishment statute, “because the trial court did not allow the filing of an allegation of a prior conviction.” Appellant, however, ignores the fact that a true bill on the prior conviction was returned by the grand jury and the allegation of a prior conviction was appended to the indictment. A.R.S; Sec. 13-1649(B) provides:

“The punishments prescribed by this section shall be…