STATE v. ROMERO

No. 1 CA-CR 7958.

145 Ariz. 485 (1985)

702 P.2d 714

STATE of Arizona, Appellee, v. David Urena ROMERO, Appellant.

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

Review Denied July 2, 1985.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Chief Counsel, Criminal Div., David R. Cole, Asst. Atty. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Richard I. Mesh, Deputy Public Defender, Phoenix, for appellant.


OPINION

CORCORAN, Presiding Judge.

The sole issue in this appeal is whether the prosecutor violated the "spirit" of the plea bargain when he changed his recommendation at the sentencing hearing. We find that he did and remand to the trial court for resentencing.

The defendant was charged with one count of burglary. The state also filed an allegation of prior conviction. The defendant entered a guilty plea to the charge pursuant to a written plea agreement...

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