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