STATE v. BLOOM

No. 1 CA-CR 6276.

137 Ariz. 250 (1983)

669 P.2d 1027

STATE of Arizona, Appellee, v. Randolph Stephen BLOOM, Appellant.

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

Rehearing Denied August 31, 1983.

Review Denied October 4, 1983.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Cr. Div., Jessica Gifford, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by James R. Rummage, Deputy Public Defender, Phoenix, for appellant.


OPINION

GRANT, Judge.

The sole question presented in this appeal is whether the state's breach of a stipulated term in the plea agreement not to conduct an aggravation hearing may constitute harmless error. We hold that the breach of the agreement does not constitute harmless error and remand for resentencing.

The facts pertinent to a resolution in this appeal are that on April 14, 1982, appellant plead guilty to Count I, aggravated assault, a class...

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