State v. Moreno

HOLOHAN, Justice.

Fernando Soza Moreno entered a plea of guilty to a charge of sale of heroin in violation of A.R.S. § 36-1002.02. He appeals his conviction and sentence of 8 to 10 years in the State Prison raising one issue: Was the sentence excessive in light of the fact that a witness at a mitigation hearing testified that Moreno would be accepted in a drug rehabilitation program if probation were ordered?

We have held that in determining what sentence a defendant should receive “the trial judge is, in most instances, better able than we to evaluate him and to determine what is necessary to…