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State v. Finch8/21/2003
tory threshold for which a prison sentence was mandated are allegeable as historical prior felony convictions if they fall within" § 13-604(V)(1)(c). Christian, 205 Ariz. 64, , 66 P.3d 241, .
There was no sentencing error here. Finch's present convictions were both class four felonies. See § 28-1383(K)(1). The trial court determined that Finch had two prior felony convictions within the last five years for solicitation of possession of a narcotic drug, both covered by § 13-604(V)(1)(c), and permissibly enhanced his sentence pursuant to § 13-604. See Christian; Thues. And, therefore, "whether his prior conviction involved... amount below the statutory threshold s irrelevant." Christian, 205 Ariz. 64, , 66 P.3d 1241, . Although Finch complains that this result thwarts the intent behind § 13-901.01, our supreme court, in affirming the appellate court that squarely rejected this claim, also rejected this claim in Christian, and we are bound by its decision. State v. Miranda, 198 Ariz. 426, , 10 P.3d 1213, (App. 2000). Accordingly, Finch's claim fails.
CONCLUSION
Finch's convictions and sentences are affirmed.
JOSEPH W. HOWARD, Judge
CONCURRING:
J. WILLIAM BRAMMER, JR., Presiding Judge
M. JAN FLÓREZ, Judge
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