No. 4532.

122 Ariz. 1 (1979)

592 P.2d 1267

STATE of Arizona, Appellee, v. Gregory Wayne NELSON, Appellant.

Supreme Court of Arizona, En Banc.

March 29, 1979.

Attorney(s) appearing for the Case

John A. LaSota, Jr., former Atty. Gen., Robert K. Corbin, Atty. Gen. by William J. Schafer III, and Barbara A. Jarrett, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Joel M. Glynn, Deputy Public Defender, Phoenix, for appellant.

HAYS, Justice.

This is an appeal by Gregory Wayne Nelson challenging the constitutionality of his sentencing hearing. We have jurisdiction pursuant to 17A A.R.S. Supreme Court Rules, rule 47(e)(5). We remand for resentencing.

Nelson executed a plea agreement in which he agreed to plead guilty to attempted rape in exchange for the state's stipulation that his maximum sentence would not exceed 10 years in prison. The plea was accepted by Judge Howard Thompson...

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