Raney v. Lindberg

OPINION

HALL, Judge.

¶ 1 This special action presents two issues for our consideration:

1. Does Arizona Revised Statutes (“A.R.S.”) section 13-901.01(F) (2001) apply when the state has not formally alleged a conviction and when the plea agreement includes no reference to it?

2. Does the offense of solicitation of possession of a dangerous drug constitute a previous conviction pursuant to § 13-901.01(F)?

We answer both questions in the affirmative. 1 In answering the first question, we follow Bolton v. Superior Court, 190 Ariz. 201, 945 P.2d 1332 (App.1997) and distinguish State v. Hensley, 201…