Prior Foreign Felony Convictions In Arizona

In State v. Smith, 219 Ariz. 132, 133, P 4, 194 P.3d 399, 400 (2008) the trial court asked defense counsel whether the defendant's prior foreign felony convictions met Arizona statutory requirements for sentencing enhancement purposes. Counsel told the court they did and he did not dispute that they qualified as prior felonies under Arizona law. Id. Before the supreme court, the State argued for the first time that such statements amounted to invited error, precluding the defendant from contesting whether the felonies qualified for enhancement purposes. Id. at 136 n.8, P 22, 194 P.3d at 403 n.8.