State v. Garcia

OPINION

McGREGOR, Chief Judge.

In these consolidated appeals, we examine the use of historical prior felony convictions as a basis for sentence enhancement under Arizona Revised Statutes Annotated (“A.R.S.”) section 13-604 (Supp.1996). Specifically, we consider what constitutes a “third or more prior felony conviction” under A.R.S. section 13-604.U.1(d).

I

Fernando Ramon Garcia (“defendant”) was convicted of theft, a class 5 felony, on February 26,1996. At trial, defendant admitted to three prior felony convictions. The dates of defendant’s prior convictions, all class 4 felonies, were April 17,…