State v. Shahan

DONOFRIO, Judge.

This is an appeal by defendant Alan J. Shahan from a judgment and sentence after his plea of guilty to the crime of aggravated assault. His sentence was for a term of not less than three years nor more than five years in the Arizona State Prison.

The sole issue presented in this appeal is whether the application for change of judge and affidavit of bias and prejudice filed by defendant was timely and thereby deprived the court of jurisdiction to proceed with the judgment and sentence.

We state briefly the pertinent facts and ^posture of the case at the time of the appli•cation.…