State v. Gortarez

HOWARD, Judge.

Contrary to his plea the defendant was convicted by a jury of burglary, first degree and sentenced to not less than four nor more than five years in the Arizona State Prison.

Appellant appeals from this conviction and the denial of his motion for a new trial alleging that the court erred as follows: (1) By failing to rule on appellant’s motion to suppress prior to trial; (2) by admitting into evidence a document setting forth the time of sunrise and sunset in Phoenix, Arizona on the date of the burglary; (3) by refusing to give appellant’s requested Instruction No. 4.

On September…