Valdez V. State

LOCKWOOD, J. This is an appeal by Ernest Valdez, hereinafter called plaintiff, from a verdict and judgment in the superior court of Yavapai county, finding him guilty of burglary and sentencing him to imprisonment in the penitentiary. The case has been before us once previously, State v. Valdez, 48 Ariz. 145, 59 P.2d 328, on an appeal by the state. We dismissed this appeal and remanded the case for further proceedings, as will appear by the opinion in that case. The trial court, in accordance with our views expressed therein, resentenced the defendant, and he has in turn appealed. Many of the questions raised by this appeal were, in effect, determined by us in State v. Valdez, supra, but there are a few questions which require consideration. The facts of the case appear to be as follows: