State v. Church

KRUCKER, Judge.

This is an appeal from a judgment of conviction on a plea of guilty to the crime of assault with a deadly weapon under A. R.S. § 13-249, as amended, and from a sentence of not less than 35 nor more than 50 years. Appellant has raised the following questions for our consideration:

1. Is A.R.S. § 13-249, subsec. B, as amended, vague and thus unconstitutional ?

2. Can a defendant be sentenced under A.R.S. § 13-249, subsec. B, as amended, even though he did not personally possess any deadly weap- ' ons ?

3. Was the sentence excessive ?

Although not raised by appellant, in searching the…