State v. Osborn

DONOFRIO, Judge.

This is an appeal by defendant Raymond A. Osborn from a judgment of conviction entered on his plea of guilty to an amended information charging him with the offense of Obtaining Narcotics by Fraud or Deceit, a felony, and from a prison sentence of from one to three years imposed thereon.

The crucial question is whether the amended information states a public offense,. for although defendant made no objection to the information at the time, if it fails to charge an offense it is a question of fundamental error. State v. Corvelo, 91 Ariz. 52, 369 P.2d 903 (1962); State v. Smith,…