State v. Martinez

OPINION

JACOBSON, Presiding Judge.

This appeal presents the interesting issue whether a trial judge is precluded from enhancing a sentence based on his finding that the underlying offenses were committed while defendant was on probation for a felony after a jury determined that defendant had no prior felony conviction on the same offense for which probation was granted.

Facts and Procedural Background

On December 13, 1989, appellant Steve Otero Martinez (defendant) was charged by indictment with Count I, trafficking in stolen property, a class 2 felony; Count II, third degree burglary, a class 4…