State v. Raybould

Appellee has filed a motion for a rehearing of our decision ordering reduction of appellant’s sentence from the four to eight years in the Arizona State Prison imposed by the trial judge to a sentence of from one to two years in the Arizona State Prison. Our examination of the motion for rehearing has convinced us that the sentence should not be reduced and we have granted the motion.

Although an appellate court has power under A.R.S. § 13-1717 to review the sentence imposed by the trial court, such review is meaningless if the court does not have before it the presentence report which the…