specially concurring,
I concur in the result and with all portions of the opinion except that pertaining to the application of A.R.S. § 13-604.01(A). My views on that statute and its application are set forth in my special concurrence in State v. McNair, 141 Ariz. 475, 687 P.2d 1230 (1984) and my dissent in State v. Garcia, 141 Ariz. 97, 685 P.2d 734 (1984).