State v. Saenz

BERNSTEIN, Justice.

The State appeals from an order setting aside a jury verdict which found defendant guilty of burglary in the first degree and granting defendant a new trial. The order was based on three grounds: that the verdict was contrary to the weight of the evidence; that new and material evidence was discovered after the trial; and that the court erred in refusing defendant’s request to examine certain notes prepared by a witness for the State. The State assigns each of the above grounds as error.

With respect to the first ground, Rule 310 of the Rules of Criminal Procedure, 17 A.R.S.…