State ex rel. Romley v. Albrecht

OPINION

MOELLER, Justice.

STATEMENT OF THE CASE

Real party in interest Solomon L. Padilla (defendant) was charged in two counts with driving while under the influence of intoxicating liquor and driving with a blood alcohol content of .10 percent or more. The state alleged that the offenses were committed while defendant’s license was suspended and were, therefore, class 5 felonies pursuant to A.R.S. § 28-692.02. For purposes of potential sentence enhancement under A.R.S. § 13-604(C), the state also alleged that defendant had two prior felony convictions for burglary. The trial judge, relying on…