State v. Valenzuela

Court of Appeals of Arizona

State v. Valenzuela

535 P.2d 28, 23 Ariz. App. 608, 1975 Ariz. App. LEXIS 625

CourtCourt of Appeals of Arizona

DecidedMay 14, 1975

DocketNo. 2 CA-CR 558

StatusPublished

Cited by1 cases

This text of 535 P.2d 28 (State v. Valenzuela) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State v. Valenzuela, 535 P.2d 28, 23 Ariz. App. 608, 1975 Ariz. App. LEXIS 625 (Ark. Ct. App. 1975).

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Opinion

OPINION

PER CURIAM.

Appellant’s claim that the court lacked jurisdiction to sentence him since the sentence was pronounced 35 days after the determination of guilt is without merit. Rule 26.3(a), Arizona Rules of Criminal Procedure, provides that the sentence shall be pronounced not less than 15 nor more than 30 days after the determination of guilt unless the court, after advising the defendant of his right to a pre-sentence report, grants his request that the sentence be pronounced earlier. Rule 26.3(b), Arizona Rules of Criminal Procedure, is inapplicable in this case, since it provides that the trial court, upon a showing of good cause, can reset the date of sentencing beyond 60 days after the determination of guilt. We are dealing here with a sentence pronounced 35 days after the determination of guilt where good cause for the delay is not apparent. Sentencing of the appellant 5 days after the time period provided in Rule 26.3(a) did not deprive the court of jurisdiction nor has appellant shown any prejudice resulting from the court’s action. Cf., State v. Short, 23 Ariz.App. 59, 530 P.2d 905 (1975).

Affirmed.

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OPINION

PER CURIAM.

Appellant’s claim that the court lacked jurisdiction to sentence him since the sentence was pronounced 35 days after the determination of guilt is without merit. Rule 26.3(a), Arizona Rules of Criminal Procedure, provides that the sentence shall be pronounced not less than 15 nor more than 30 days after the determination of guilt unless the court, after advising the defendant of his right to a pre-sentence report, grants his request that the sentence be pronounced earlier. Rule 26.3(b), Arizona Rules of Criminal Procedure, is inapplicable in this case, since it provides that the trial court, upon a showing of good cause, can reset the date of sentencing beyond 60 days after the determination of guilt. We are dealing here with a sentence pronounced 35 days after the determination of guilt where good cause for the delay is not apparent. Sentencing of the appellant 5 days after the time period provided in Rule 26.3(a) did not deprive the court of jurisdiction nor has appellant shown any prejudice resulting from the court’s action. Cf., State v. Short, 23 Ariz.App. 59, 530 P.2d 905 (1975).

Affirmed.

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535 P.2d 28, 23 Ariz. App. 608, 1975 Ariz. App. LEXIS 625, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-valenzuela-arizctapp-1975.

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