STATE EX REL. BOWERS v. SUPERIOR COURT

No. 1 CA-SA 92-0094.

173 Ariz. 34 (1992)

839 P.2d 454

STATE of Arizona, ex rel. Melvin R. BOWERS, County Attorney for the County of Navajo, Petitioners, v. SUPERIOR COURT OF the State of Arizona, in and for the COUNTY OF NAVAJO, the Honorable Warner G. Leppin, a judge thereof, Respondent, Shawn SPENCER, Real Party in Interest.

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

Review Denied November 17, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals, and Colleen L. French, Asst. Atty. Gen., Phoenix, for petitioners.

Donna Lyn Miers, Holbrook, for real party in interest.


OPINION

JACOBSON, Presiding Judge.

In this special action, the state seeks review of the trial court's rejection of a plea agreement on the ground that it contained a stipulated sentence, and from the trial court's order striking the state's allegations of Hannah priors on the ground that it would subject the real party in interest (defendant) to cruel and unusual punishment if A.R.S. § 13-604(H) were applied to him in this case. We previously...

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