Valenzuela v. State ex rel. Eyman

LOCKWOOD, Justice:

Appellant in his motion for rehearing urges that the sentence was ambiguous as to whether the five counts on which appellant was sentenced were to run consecutively or concurrently. He relies on McGilbry v. State ex rel. Eyman, 5 Ariz.App. 264, 425 P.2d 575 (1967).

In McGilbry, supra, the defendant was sentenced on two different counts. On the first count (Count II) the court imposed a sentence of five to ten years “to date from this day on Count II”. On the second count (Count IV) the court imposed another five to ten year sentence “to date from this day, said sentence to…