State v. Christian
In State v. Christian, 202 Ariz. 462, 465-66, P 13, 47 P.3d 666, 669-70 (App. 2002), the trial court had concluded that a prior drug possession conviction subject to sentencing under Proposition 200 could not constitute a historical prior felony conviction for purposes of sentence enhancement. Id. at 463, P 3, 47 P.3d at 667.
The court based the ruling on its conclusion that the legislature crafted its definition of "historical prior felony offense" in A.R.S. 13-604(V)(1) to exclude convictions for Proposition 200 offenses. Id.
The Court disagreed with the trial court's construction of 13-604(V)(1) and held that a first or second conviction for possession of illegal drugs for personal use constitutes a prior felony conviction for purposes of sentence enhancement. Id. at 465-66, P 13, 47 P.3d at 669-70.