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STATE v. GAYMAN

No. 1 CA-CR 4611.

127 Ariz. 600 (1980)

623 P.2d 30

STATE of Arizona, Appellee, v. Joseph Anthony GAYMAN, Appellant.

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

Rehearing Denied January 7, 1981.

Review Denied January 27, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Division, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by J.D. Howe, Deputy Public Defender, Phoenix, for appellant.

OPINION

WREN, Judge.

This appeal concerns an alleged violation by the state of a term of a plea agreement not to offer evidence in aggravation as to sentencing. We find that the state did not comply with the agreement and therefore reverse.

On October 5, 1979, the appellant, Joseph Gayman, was charged with aggravated robbery, a class 3 felony. On January 7, 1980, he entered into a plea agreement with the state which provided, inter alia; (1...

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