State v. Nunez
The holding in the court’s own words
C, which states that the court may allow the allegation of a prior conviction at any time prior to trial, we hold that a prior conviction may not be filed after a plea of guilty has been entered on the principal charge.
Quoted verbatim from the opinion — no paraphrase, nothing generated. Not yet human-reviewed. How we work.
Cited by
- State v. Geschwind 666 P.2d 480 Ariz. Ct. App. 1982
- State v. Jacobson 504 P.2d 69 Ariz. Ct. App. 1972
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Nunez 500 P.2d 305
Opinion text
PER CURIAM. We granted review in this case on the specific issue of whether the State should have been allowed to amend the information to allege a prior conviction after the defendant had entered a guilty plea to that information and the plea had been accepted by the court. The decision of the Court of Appeals in State v. Nunez, 18 Ariz.App. 45 , 500 P.2d 305 , is vacated. In interpreting A.R.S. § 13-1649, subsec. C, which states that the court may allow the allegation of a prior conviction at any time prior to trial, we hold that a prior conviction may not be filed after a plea of guilty has been entered on the principal charge. We hereby dismiss the judgment of guilt on the prior conviction. This case is remanded to the trial court for resentencing on the principal charge without reference to the prior conviction.