STATE v. DIAZ

No. 1 CA-CR 90-926.

172 Ariz. 145 (1992)

835 P.2d 477

STATE of Arizona, Appellee, v. Raul Francisco DIAZ, Appellant.

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

Review Granted September 15, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Barbara M. McLaughlin, Asst. Atty. Gen., Crim. Appeals Section, Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, for appellant.


OPINION

LANKFORD, Judge.

The question presented in this appeal is whether a defendant is entitled to withdraw his plea of guilty when he is sentenced to punishment for a felony offense despite a plea agreement which provides for sentencing as an "undesignated" offense pursuant to Ariz.Rev.Stat. (A.R.S.) § 13-702(H).

I.

A complaint was filed charging appellant Raul Francisco Diaz (defendant) with possession of marijuana, a class 6 felony...

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