State of Arizona v. Valdez

Ernest Valdez was convicted in the superior court of Yavapai county of the crime of burglary, and was sentenced to serve not less than three nor more than five years in the state prison. The state, believing that this sentence was erroneous, has attempted to appeal from the judgment pronounced on the verdict of guilty.

After the appeal was taken, defendant moved to dismiss it on the ground that no right of appeal is granted the state under circumstances of this kind. Ordinarily, we do not write opinions on motions, but, in view of the importance of the question involved, we have, departed from…