State v. Sheppard

OPINION

CORCORAN, Justice.

We must determine whether defendant’s two prior felony convictions for theft and trafficking in stolen property should be treated as one conviction for purposes of sentence enhancement. Specifically, we must decide whether these offenses occurred on the “same occasion” under AR.S. § 13-604(H). We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3), AR.S. § 12-120.24, and rule 31.19, Arizona Rules of Criminal Procedure.

Facts and Procedural History

Marvin Gene Sheppard (defendant) was convicted of kidnapping, a class 2 felony, and attempted sexual assault, a class…