State v. Gonzales

LOCKWOOD, Chief Justice:

This is the second time this case is before us. In State v. Gonzales, 105 Ariz. 434, 466 P.2d 388 (1970), we affirmed the jury conviction of manslaughter, but directed that the defendant be resentenced on the lesser charge of involuntary manslaughter. The defendant’s first sentence was for a term of not less than five nor more than six years. On remand, the trial court again sentenced the defendant for a term of not less than five nor more than six years. The defendant appeals on the ground that his sentence is excessive.

The general rule is that if a sentence is within…