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STATE v. CORNO

No. 1 CA-CR 91-1863.

179 Ariz. 151 (1994)

876 P.2d 1186

STATE of Arizona, Appellant, v. David Gene CORNO, Appellee.

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

June 28, 1994.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Gerald R. Grant, Deputy County Atty., Phoenix, for appellant.

Killian, Nicholas, Fischer, Wirken, Cook & Pew, P.L.C. by Charles W. Wirken, Mesa, for appellee.

OPINION

VOSS, Judge.

The State of Arizona appeals from an order denying its motion to withdraw from a plea agreement after the court rejected a stipulation that defendant's conviction for possession of drug paraphernalia be designated a class 6 felony at sentencing. Because the sentencing judge erred in denying the motion, we remand for further proceedings consistent with this decision.

FACTUAL AND PROCEDURAL BACKGROUND

Appellee...

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