§ 6.2 PRIORS

• Jurisdiction: Arizona

§ 6.2 PRIORS

§ 6.2.1 Collateral Attack

State v. Tucson City Court (Kruger), 161 Ariz. 414, 778 P.2d 1310 (App. Div. 2, 1989)

When a record of conviction shows that a defendant was advised of his or her right to counsel, and voluntarily waived counsel, and the record is otherwise regular on its face, a defendant is precluded from collaterally attacking the validity of that conviction when it is used for enhancement of the sentence.

State v. Hatch, 156 Ariz. 597, 754 P.2d 324 (App. Div. 1, 1988)

A plea of guilty is not subject to collateral attack where all that is shown is a failure to comply with the formal requirements of the taking of guilty pleas under Rule 17 of the Arizona Rules of Criminal Procedure.

Grabbe v. Superior Court, 155 Ariz. 87, 745 P.2d 145 (App. Div. 1, 1987)

A defendant may not collaterally attack the validity of two misdemeanor pleas of guilty taken in a nonrecord court, on the basis that no record exists to support the conclusion that a factual basis exists to support the guilty plea.

§ 6.2.2 Felonies

State v. Albrecht (Padilla), 168 Ariz. 468, 815 P.2d 395 (1991)

A defendant, if convicted of a felony driving offense, is subject to enhanced sentencing for prior burglary felonies.

State v. Campa, 168 Ariz. 407, 814 P.2d 748 (1991)

Prior DUI convictions are not essential elements of the basic felony DUI offense, but they increase the penalty. Driving offenses classified as felonies under Title 28 can properly be enhanced by prior felonies.

State v. Superior Court (Walker), 176 Ariz. 614, 863 P.2d 906 (App. Div. 1, 1993)

A defendant charged with aggravated DUI for the third or subsequent time is not entitled to a bifurcated trial on his or her priors.

State ex rel....