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STATE v. FOWLER

Nos. 1 CA-CR 5529, 1 CA-CR 6246-PR.

137 Ariz. 380 (1983)

670 P.2d 1205

STATE of Arizona, Appellee-Respondent, v. David Lee FOWLER, Appellant-Petitioner.

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

Rehearing Denied September 27, 1983.

Review Denied October 18, 1983.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Barbara A. Jarrett, Asst. Atty. Gen., Thomas E. Collins, Maricopa County Atty. by Lynn Hamilton, Deputy County Atty., Phoenix, for appellee-respondent.

George M. Sterling, Jr., Phoenix, for appellant-petitioner.

OPINION

JACOBSON, Judge.

The major issue raised by this appeal is whether the failure of the prosecution to advise the court or defense counsel of the apparent inability of the victim-prosecutrix to appear at trial invalidates the defendant's Alford plea.

The defendant, David Lee Fowler, was charged by information filed March 4, 1981 with sexual assault, a class 2 felony in violation of A.R.S. § 13-1406. Allegations of two prior felony...

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