State v. Smith

HAYS, Justice:

Arlen Porter Smith, hereinafter the defendant, pled guilty to first degree burglary. He was sentenced to serve from three to five years in the Arizona State Prison and now appeals. This court has jurisdiction of the case pursuant to Rule 47(e)(5), Rules of the Supreme Court.

Smith was not sentenced until 36 days after the determination of guilt. He urges this as a ground for resentencing. Rule 26.3, 1973 Rules of Criminal Procedure, provides that “[sjentence shall be pronounced not less than 15 nor more than 30 days after the determination of guilt . .” While the defendant makes…