State v. Garcia

HAYS, Justice.

The appellant, Arthur Lawrence Garcia, was found guilty of driving while intoxicated while his license was suspended, revoked or refused and sentenced November IS, 1974, to a term of not less than one nor more than three years in the Arizona State Prison. A presentence report was filed November 18, 1974. Garcia appeals contending that the trial judge erred in sentencing him without the aid of a presentence report. This court has jurisdiction pursuant to Rule 47(e)(5), Rules of the Supreme Court.

The state argues that it is “apparent” from the record that the trial judge had the…