State v. McCann

AMENDED OPINION

McGregor, justice.

¶ 1 In State v. Reagan, 103 Ariz. 287, 440 P.2d 907 (1968), we held that a court can use a prior conviction to enhance a sentence only if “the record of that prior conviction show[s] that [the] defendant was represented by counsel, or advised of his rights to counsel, and waived his right to counsel, before it can be used in [a] subsequent prosecution.” Id. at 289, 440 P.2d at 909. The State asks us to reconsider that holding, asserting that the United States Supreme Court overturned the basis for our Reagan decision in Parke v. Raley, 506 U.S. 20, 113 S.Ct.…