In State v. Givens, 206 Ariz. 186, 76 P.3d 457 (App. 2003), the defendant argued that the phrase "has been convicted of or indicted for" was limited only to prior convictions or indictments in unrelated cases, not to those that may result from the pending case. Id. at 188, P 5, 76 P.3d at 459. The court deemed the language of A.R.S. 13-901.01(B) ambiguous as to whether it applied to convictions or indictments in the pending case, but ultimately concluded that it encompassed both current as well as past convictions and indictments. Id.