State v. Cota

BERNSTEIN, Justice.

Appellant, hereinafter called defendant, appeals from a conviction on two counts of selling narcotics in violation of A.R.S. § 36-1002.02.

The issue before us is whether the trial court erred in denying defendant’s motion for a directed verdict of acquittal at the close of the state’s case and, at the same time, allowing the state to reopen its case to present additional evidence. Defendant contends the facts of the denial are important. Hence, we set them forth at length:

“MR. BALTZ: State rests at this time, Your Honor.”

“MR. AXELROD: (defense counsel) At this time the…