State v. Heron

A motion by the State of Arizona to dismiss the appeal of Chuck O. Lee, -whereby appellant, Chuck O. Lee, was convicted in Superior Court on five counts of a felony indictment. He was placed on probation for one year on two of the counts and three years on the other three.

Lee filed a timely notice of appeal from the judgment of guilty. The State has made this motion to dismiss the appeal on the ground that when the imposition of a sentence has been suspended there can be no appeal because only a sentence can be a final judgment. If there is no final judgment there is nothing to appeal from.…