State v. Cortez

STEVENS, Chief Judge.

Leo Cortez, hereinafter referred to as defendant, was convicted by a jury of the crime of burglary in the first degree. Pie was sentenced to' serve not less than five nor more than ten years in the State Penitentiary. From the judgment and sentence he appealed contending that- the sentence was excessive and was an abuse of the trial court’s discretion. Defendant urges this Court to modify and reduce the sentence under the authority of § 13-1717, subsec. B, A.R.S., which states:

“Upon an appeal from the judgment or from the sentence on the ground that it is excessive, the…