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State v. King
Citations: 391 P.2d 598; 96 Ariz. 45; 1964 Ariz. LEXIS 226Docket: 1357
Court: Arizona Supreme Court; April 23, 1964; Arizona; State Supreme Court
John Henry King was convicted of two counts of grand theft on September 18, 1962, and initially received a suspended sentence and probation for three years. However, on March 7, 1963, the court revoked his probation due to unlawful conduct and sentenced him to two to three years in the state penitentiary for each count, with sentences running concurrently. King appealed, arguing that the sentence was excessive. The Supreme Court of Arizona noted that under A.R.S. § 13-671, the punishment for grand theft ranges from one to ten years, and emphasized that sentencing is at the trial court's discretion. Previous cases established that modification of a sentence requires clear evidence of excessiveness or abuse of discretion. The court found that King’s criminal acts occurred shortly apart, and his probation violation justified the imposed sentence. Ultimately, the court affirmed the trial court's judgment and sentence, holding that the punishment was appropriate given the circumstances.