STATE v. KELLY

No. 1 CA-CR 4388.

126 Ariz. 193 (1980)

613 P.2d 857

STATE of Arizona, Appellee, v. Dennis M. KELLY, Appellant.

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

June 26, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Greg A. McCarthy, Asst. Atty. Gen., Phoenix, for appellee.

Thayer C. Lindauer, P.C. by Thayer C. Lindauer, Phoenix, for appellant.


OPINION

FROEB, Presiding Judge.

Appellant contends in this case that the State violated the terms of the plea agreement and that as a result he is entitled to have his sentence vacated and to be resentenced. We reject the contention and affirm the sentence, but in doing so point out a serious problem in the plea bargaining process.

Appellant was charged with five counts of assault with a deadly weapon or force. The charges arose out of a dangerous...

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