State v. Hauss, 681 P.2d 382 (Ariz. 1984). · Go Syfert
State v. Hauss, 681 P.2d 382 (Ariz. 1984). Cases Citing This Book View Copy Cite
89 citation events (81 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. Pearsall (arizctapp, 2022-03-10)
Treatment trajectory · 1985 → 2026 · click a year to view as-of
1985 2005 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Pearsall
Ariz. Ct. App. · 2022 · confidence medium
Id. at ¶ 16; State v. Hauss, 140 Ariz. 230, 231 (1984) (citations omitted) (holding that admission of documentary evidence is mandatory in most cases to prove prior convictions). ¶7 Contrary to Pearsall’s contention, the State need not call a fingerprint expert, nor any other witness, to testify.
cited Cited as authority (rule) State v. Wooten
Ariz. Ct. App. · 2016 · confidence medium
State v. Solis, 236 Ariz. 242, 248, ¶ 19 (App. 2014) (citing State v. Hauss, 140 Ariz. 230, 231 (1984)).
discussed Cited as authority (rule) State v. Medina
Ariz. Ct. App. · 2016 · confidence medium
“The proper procedure to establish the prior conviction is for the state to offer in evidence a certified copy of the conviction . . . and establish the defendant as the person to whom the document refers.” State v. Hauss, 140 Ariz. 230, 231 (1984) (quoting State v. Lee, 114 Ariz. 101, 105-06 (1976)).
examined Cited as authority (rule) State of Arizona v. Javier Solis (3×)
Ariz. Ct. App. · 2014 · confidence medium
“Fundamental error is ‘error going to the foundation of the case, error that takes from the defendant a right essential to his defense, and error of such magnitude that the defendant could not possibly have received a fair trial.’ ” Id., quoting State v. Henderson, 210 Ariz. 561, ¶ 19 , 115 P.3d 601, 607 (2005). “‘Before we may engage in a fundamental error analysis, however, we must first find that the trial court committed some error.’ ” Id. ¶ 13 quoting State v. Lavers, 168 Ariz. 376, 385 , 814 P.2d 333, 342 (1991). ¶ 17 Solis relies on State v. Hauss to argue the state h…
discussed Cited as authority (rule) State v. Morales
Ariz. · 2007 · confidence medium
A prior conviction may be proved by other means, however, if “the state can show that its earnest and diligent attempts to procure the necessary documentation were unsuccessful for reasons beyond its control and that the evidence introduced in its stead is highly reliable.” State v. Hauss, 140 Ariz. 230, 231 , 681 P.2d 382, 383 (1984).
cited Cited as authority (rule) State of Arizona v. Steven Ray Miller
Ariz. Ct. App. · 2007 · confidence medium
Robles, 213 Ariz. 268, ¶ 15 , 141 P.3d at 753 , quoting Hauss, 140 Ariz. at 231 , 681 P.2d at 383 (alteration in Robles).
examined Cited as authority (rule) State of Arizona v. James Albert Robles (3×)
Ariz. Ct. App. · 2006 · confidence medium
The court stated, “subject to two very limited exceptions,”3 “‘[t]he proper procedure to establish the prior conviction is for the state to offer in evidence a certified copy of the conviction . . . and establish the 3 Those exceptions are (1) when a defendant admits a prior conviction “while testifying in court,” or (2) when the state “show[s] that its earnest and diligent attempts to procure the necessary documentation were unsuccessful for reasons beyond its control and that the evidence introduced in its stead is highly reliable.” State v. Hauss, 140 Ariz. 230, 231 , 681 P.…
examined Cited as authority (rule) State v. Robles (3×)
Ariz. Ct. App. · 2006 · confidence medium
The court stated, “subject to two very limited exceptions,” 3 “ ‘[t]he proper procedure to establish the prior conviction is for the state to offer in evidence a certified copy of the conviction ... and establish the defendant as the person to whom the document refers.’ ” Id. at 231 , 681 P.2d at 383 (alteration in Hauss), quoting State v. *273 Lee, 114 Ariz. 101, 105 , 559 P.2d 657, 661 (1976). ¶ 15 That holding, however, must be viewed in context.
cited Cited as authority (rule) State v. Gastelum
Ariz. Ct. App. · 2006 · confidence medium
See also State v. Hurley, 154 Ariz. 124, 132 , 741 P.2d 257, 265 (1987); State v. Hauss, 140 Ariz. 230, 231 , 681 P.2d 382, 383 (1984) (discussing proof required to establish prior convictions). .
examined Cited as authority (rule) State v. Carreon (3×) also: Cited "see, e.g."
Ariz. · 2005 · confidence medium
State v. Marlow, 163 Ariz. 65, 70 , 786 P.2d 395, 400 (1989); State v. Hauss, 140 Ariz. 230, 231 , 681 P.2d 382, 383 (1984). ¶ 54 The documentation admitted into evidence through stipulation provided a sufficient basis for the jury to find, beyond a reasonable doubt, the existence of Carreon’s prior convictions.
discussed Cited as authority (rule) United States v. Aaron L. Jackson
2d Cir. · 2004 · confidence medium
Superior Court records bearing the name “Raymond Boswell” were insufficient to prove beyond a reasonable doubt the identity of defendant “Raymond F. Boswell” to establish prior convictions for enhancement of defendant’s sentence); State v. Hauss, 140 Ariz. 230 , 681 P.2d 382, 383 (1984) (upholding a finding of the defendant’s identity for purposes of establishing prior convictions for sentencing enhancement based on testimony of a probation officer and holding that the government must “establish the defendant as the person to whom the [certificate of conviction] refers”); State…
discussed Cited "see" State v. Thompson (2×)
Ariz. Ct. App. · 2015 · signal: see · confidence high
See State v. Hauss, 140 Ariz. 230, 231 , 681 P.2d 382 , 383 3Absent material revisions after the relevant dates, statutes and rules cited refer to the current version unless otherwise indicated. 3 STATE v. THOMPSON Decision of the Court (1984).
discussed Cited "see, e.g." State v. Black
Ariz. Ct. App. · 2018 · signal: see also · confidence medium
“The proper procedure to establish the prior conviction is for the state to offer in evidence a certified copy of the conviction . . . and establish the defendant as the person to whom the document refers.” State v. Lee, 114 Ariz. 101, 105 (1976) (citing State v. McGuire, 113 Ariz. 372, 374-75 (1976), and State v. Biscoe, 112 Ariz. 98, 99 (1975)); see also State v. Hauss, 140 Ariz. 230, 231 (1984) (identifying limited exceptions to the standard procedure outlined in Lee). ¶13 Black argues the State did not prove the certified copies of the convictions referred to him because the State did…
discussed Cited "see, e.g." State v. Gonzales (2×)
Ariz. Ct. App. · 2013 · signal: compare · confidence low
Compare State v. Hauss, 140 Ariz. 230, 231-32 , 681 P.2d 382, 383-84 (1984) (affirming sentence based on testimony of probation officer who had prepared a presentenee report in connection with prior convictions and was present when the prior judgments and sentences were entered and imposed, but holding that generally documentary evidence is necessary to establish prior convictions), with State v. Lee, 114 Ariz. 101, 105 , 559 P.2d 657, 661 (1976) (holding that a trial court cannot find a prior conviction for purposes of aggravating a sentence by taking judicial notice of a prior case in which …
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
George Michael HAUSS, Appellant
6094-PR.
Arizona Supreme Court.
May 3, 1984.
681 P.2d 382
1984 Ariz. LEXIS 231
Robert K. Corbin, Atty. Gen., William J. Schafer III, Chief Counsel, Criminal Div., Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee., Frederic J. Dardis, Pima County Public Defender, Susan A. Kettlewell, Asst. Public Defender, Tucson, for appellant.
Gordon, Holohan, Hays, Cameron, Feldman.
Cited by 19 opinions  |  Published
GORDON, Vice Chief Justice:

On September 16, 1982, appellant George Michael Hauss was found guilty by a jury of second degree burglary and theft of property valued at more than $100. Following these findings of guilt, the state sought to prove allegations of two prior felony convictions. To that end, it called the probation officer who had prepared a presentence report in connection with the prior convictions. Based solely on his personal knowledge without reference to an official record, the probation officer testified that he had been present in court when[*231] the prior judgments of guilt were entered and sentences imposed, and that the appellant was the person so adjudged and sentenced. Appellant’s objections to the introduction of the testimony were overruled. The jury found that the appellant had been convicted as alleged and the court sentenced him accordingly.

In a memorandum decision, the Court of Appeals rejected appellant’s claims of error and affirmed the judgments and convictions. We approve of the Court of Appeals’ disposition of appellant’s claim of prosecutorial misconduct. Review was granted to consider the sufficiency of the state’s proof of the prior convictions and to set forth standards for trial courts to follow in the future. We have jurisdiction pursuant to Ariz. Const, art. 6, § 5(3) and Ariz.R.Crim.P. 31.19.

On appeal, appellant argued that the prior convictions were not sufficiently established and, therefore, could not be used to enhance his sentence. He claimed that prior convictions cannot be found absent written documentation. The Court of Appeals disagreed. It held that the probation officer’s testimony was “ample” to establish appellant’s identity as well as the fact of the prior convictions. Because we find that the proffered testimony sufficiently established the prior convictions in this case, we decline to modify appellant’s sentence. We do not, however, approve of the method employed as a substitute for the proof we have generally required in the past.

In State v. Lee, 114 Ariz. 101, 105-106, 559 P.2d 657, 661-62 (1976), we held that:

“The proper procedure to establish the prior conviction is for the state to offer in evidence a certified copy of the conviction [rules omitted] * * * and establish the defendant as the person to whom the document refers. See State v. McGuire, 113 Ariz. 372, 555 P.2d 330 (1976); State v. Biscoe, 112 Ariz. 98, 537 P.2d 968 (1975).”

We affirm our holding in Lee subject to two very limited exceptions. First, a former conviction may be sufficiently established by an accused’s admission of the conviction while testifying in court, State v. Pacheco, 121 Ariz. 88, 588 P.2d 830 (1978). Second, the documentation requirement will be excused where the state can show that its earnest and diligent attempts to procure the necessary documentation were unsuccessful for reasons beyond its control and that the evidence introduced in its stead is highly reliable. The Lee procedure is necessary to ensure that proceedings to determine the existence of prior convictions do not become credibility contests between, for instance, probation officers and defendants convicted of the principal offense. In addition to imposing an unnecessary burden on the court, contests of this sort are likely to be unfair to defendants as it is not difficult to predict how juries would resolve them. With respect to the exceptions, the first is justified by judicial economy; there is no need to prove a prior conviction by extrinsic evidence where the accused has, under oath, admitted it. The second exception is justified by both judicial economy and the practical realities of our bureaucratic structure; administrative delays in furnishing certified copies of minute entries and ministerial misunderstandings must not be used to delay disposition of criminal cases where there is highly reliable non-documentary evidence that substantiates allegations of prior convictions. [1]

Though this Court has emphasized the importance of documentary evidence in order to prove prior convictions, see Lee, supra; McGuire, supra; Biscoe, supra, we have not mandated its introduction as we now do. Because the evidence presented in the instant case — testimony by the probation officer who had prepared a presen-tence report on appellant at the time of the[*232] earlier convictions and had been present at the time judgments were entered and sentences imposed — was highly reliable, and because the prior convictions arose out of the same indictment as the instant conviction and were entered only twenty days earlier, we are satisfied that the fact of the prior convictions was sufficiently established. Therefore, we will not modify the sentences imposed. In the future, however, we will not, and trial courts must not, consider the reliability and sufficiency of non-documentary evidence offered to establish the fact of a prior conviction absent a showing by the state that its earnest and diligent efforts to obtain documentary evidence were unsuccessful for reasons beyond its control.

The memorandum decision of the Court of Appeals is approved as modified; the judgments and sentences are affirmed.

HOLOHAN, C.J., and HAYS, CAMERON and FELDMAN, JJ., concur.
1

. It is clear that testimonial evidence that a defendant is the person named in the prior convictions satisfies the second requirement of the Lee procedure. See Annot., 11 A.L.R.2d 870 (1950). What is at issue here is the sufficiency of testimonial evidence to establish that the defendant has, in fact, been previously convicted as alleged.