No. 2 CA-CR 2298.

130 Ariz. 498 (1981)

637 P.2d 300

STATE of Arizona, Appellee, v. Ignacio Garcia DOMINGUEZ, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied November 5, 1981.

Review Denied December 1, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Frederic J. Dardis, Pima County Public Defender by Barry J. Baker Sipe, Asst. Public Defender, Tucson, for appellant.



The issue on appeal is whether a prosecutor during plea negotiations may threaten a defendant with a greater charge, supported by the facts, when an indictment on a lesser charge has been returned by the grand jury. We hold that he may.

Appellant was indicted by a grand jury for endangerment involving a substantial risk of imminent death, a felony. A.R.S. § 13-1201. An allegation of dangerous nature was filed simultaneously...

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