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STATE v. DAVIS

No. 1 CA-CR 3775.

123 Ariz. 564 (1979)

601 P.2d 327

STATE of Arizona, Appellee, v. Earlie Lee DAVIS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 27, 1979.

Review Denied October 16, 1979.

Attorney(s) appearing for the Case

Robert K. Corbin, Arizona Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., and Dennis C. Freeman, Asst. Atty. Gen., Phoenix, for appellee.

Andrews & Johnson by Judis R. Andrews, Phoenix, for appellant.

OPINION

OGG, Chief Judge.

Appellant Earlie Lee Davis entered a guilty plea to the charge of assault with a deadly weapon, while armed with a deadly weapon, A.R.S. § 13-249(B), as amended 1976. He was sentenced to serve five to seven years in the Arizona State Prison. The issue on appeal is whether the prosecution breached the promises made by it in the plea agreement.

Appellant and the State entered into a plea agreement in which appellant agreed...

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