State v. Johnson

HAYS, Justice.

Appellant John Nick Johnson pleaded guilty to second degree conspiracy. This plea was based upon the theft of four Chevrolet wheel covers of value less than $100. The complaint alleged that Johnson and a codefendant had stolen the wheel covers, and that both Johnson and the codefendant had prior felony convictions. Thus Johnson was really pleading guilty to conspiracy to commit petty theft with a prior conviction. See A.R.S. §§ 13-331, 13-663 and 13-1649.

Johnson argues that the substantive crime of petty theft with a prior conviction does not exist and, therefore, it is…