Arizona Supreme Court

State of Arizona, Appellee v. Daniel Diaz, Appellant

April 19, 2010224 Ariz. 322

Summary

The court held that a defendant convicted of possessing methamphetamine for sale may be sentenced under the general repetitive-offender statute when the defendant has prior felony convictions unrelated to methamphetamine. The special methamphetamine sentencing statute does not expressly exclude application of the general statute, and the general statute requires substitution of its enhanced penalties when prior convictions are properly alleged and admitted. The court vacated portions of the court of appeals’ opinion and affirmed Diaz’s sentence.