State v. Fallon
In State v. Fallon, 151 Ariz. 188, 189, 726 P.2d 604, 605 (App. 1986), the Court had before it the issue of whether then- 13-702(H) "is to be applied retroactively to designate an open-end offense as a felony in order to trigger the repeat felony offender provisions of A.R.S. 13-604.01 or 13-604."
The Court held that "in order to trigger the enhanced sentencing provisions of A.R.S. 13-604.01 or 13-604 for repeat felony offenders, the defendant must have had a prior felony conviction at the time of the second offense." Id. at 190, 726 P.2d at 606.