State v. Kerekes

OPINION

KLEIN SCHMIDT, Judge.

A jury found appellant guilty of one count of child molestation in violation of A.R.S. § 13-1410 and one count of committing the infamous crime against nature, A.R.S. § 13-1411. Appellant was sentenced to concurrent presumptive terms of seven years on each count. The court gave appellant credit for presentence incarceration on only one of the counts on which he was convicted.

Three issues are raised in this appeal:

1. Whether the judge’s consideration of appellant’s refusal to cooperate with the presentence investigator was improper.

2. Whether the trial court was…