State v. Mitchell

OPINION

WRIGHT, Judge.

Appellant challenges his conviction for felony theft, arguing that the state’s evidence was insufficient to support his conviction and that the district court abused its discretion in ruling that appellant’s three prior burglary convictions could be used for impeachment. Appellant also argues that his Sixth Amendment right to a jury trial was violated when the district court imposed a sentence that was an upward durational departure under the career-offender statute, because the sentencing judge, not a jury, found that appellant had five or more prior felony convictions…