State v. Scott

HAYS, Chief Justice.

The defendant was found guilty by a jury of rape and kidnapping. He appealed his sentence and conviction to this court which affirmed the convictions but set aside the sentence for the reason that the sentence was entered prior to three days having elapsed from the date of the conviction, and the defendant not having expressly waived this right as required by Rule 324, Rules of Criminal Procedure, 17 A.R.S. State v. Scott, 105 Ariz. 109, 460 P.2d 3 (1969).

The defendant was resentenced on December 2, 1969. On March 5, 1970, the defendant filed a motion to vacate judgment…