State v. Lewis

CAMERON, Vice Chief Justice.

This is a motion by the defendant to suspend an appeal to this court and to remand to the trial court for resentencing pursuant to previous cases of this court: State v. Hays, 109 Ariz. 123, 506 P.2d 254 (1973); State v. Tyree, 109 Ariz. 259, 508 P.2d 335 (1973); and State v. Moreno, 109 Ariz. 266, 508 P.2d 730 (1973).

The only question before this cortrt is whether we should follow these prior decisions and therefore order the trial court to resentence for the statutory minimum and maximum only or to overrule these three decisions and allow the sentence imposed in…