State v. Villegas

OPINION

ALARID, Judge.

{1} The State appeals, challenging the district court’s order denying the State’s request for penalty enhancements for Defendant’s multiple, second, or subsequent armed robbery convictions. The State argues that the district court erred by ruling that the State was barred from enhancing the penalty for Defendant’s current armed robbery conviction with Defendant’s prior armed robbery convictions because the issue was not presented to the jury pursuant to Apprendi v. New Jersey, 530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). We issued a notice of summary…