STATE v. CARVAJAL

No. 1 CA-CR 7842.

147 Ariz. 307 (1985)

709 P.2d 1366

STATE of Arizona, Appellee, v. Kent Paul CARVAJAL, Appellant.

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

Reconsideration Denied November 4, 1985.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Georgia B. Ellexson, Asst. Atty. Gen., Phoenix, for appellee.

George A. Rouff, Yuma, for appellant.


OPINION

JACOBSON, Chief Judge.

Under what circumstances may a trial judge vacate a sentence in a criminal case when it becomes apparent the judge was deliberately misled. This is the issue presented by this appeal.

The defendant, Kent Paul Carvajal, was charged with burglary and theft. Pursuant to a plea agreement, the defendant pled guilty to theft of property with a value more than $100 but less than $1,000, a class four felony. The plea was accepted...

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