State v. Pitts

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

The trial court considered several factors, including defendant’s prior DUI misdemean- or convictions, as aggravating factors in sentencing defendant for an aggravated DUI under A.R.S. § 28-692.02. 1 2The court of appeals reversed, holding that defendant’s prior DUI convictions were necessarily included elements of the current offense of aggravated DUI and, thus, under the rationale of State v. Orduno, 159 Ariz. 564, 769 P.2d 1010 (1989), not eligible for consideration as aggravating factors under A.R.S. § 13-702(D)(13). State v. Pitts,…