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State v. Campa6/27/1991
ecessarily included element of the crime of DUI and could not, therefore, also be used to enhance the sentences. This analysis was based upon our perception of the legislative intent as expressed in the statutes applicable to that case.
Here the prior felonies are not necessarily included elements of the present offense because they are not necessary predicates to raise the current offense to felony status; the present offense could as well have been raised to felony status by prior misdemeanors. We are therefore satisfied that no double punishment considerations are implicated in this case.
HOLDING AND DISPOSITION
The trial court properly used A.R.S. § 13-604 to enhance defendant's sentences.
We vacate that portion of the court of appeals' opinion dealing with the DUI convictions, and affirm the trial court's sentences for DUI and DUI on a suspended license.
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