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DURAN v. SUPERIOR COURT FOR MARICOPA

No. 1 CA-SA 89-023.

162 Ariz. 206 (1989)

782 P.2d 324

Fermin DURAN, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable John J. Trombino, a judge pro tempore thereof, Respondent Judge. The STATE of Arizona, Real Party in Interest.

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

Review Denied November 21, 1989.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by Patrick E. McGillicuddy, Deputy Public Defender, Phoenix, for petitioner.

Richard M. Romley, Maricopa County Atty. by Lisa Mari Roberts, and David R. Cole, Deputy County Attys., Phoenix, for respondent.

OPINION

KLEINSCHMIDT, Judge.

The question that this special action presents is whether the trial court abused its discretion in denying the petitioner's motion to withdraw the guilty plea that he entered pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). We previously accepted jurisdiction. We now hold that the trial court did abuse its discretion...

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