ARAGON v. WILKINSON

No. 1 CA-SA 04-0183.

97 P.3d 886 (2004)

209 Ariz. 61

Barbara ARAGON, Petitioner, v. The Honorable Michael O. WILKINSON, Judge of the Superior Court of the State of Arizona, In and For the COUNTY OF MARICOPA, Respondent Judge, State of Arizona, ex rel. Richard M. Romley, Maricopa County Attorney, Real Party in Interest.

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

As Amended October 1, 2004.


Attorney(s) appearing for the Case

James J. Haas, Maricopa County Public Defender By Jason Rosell, Deputy Public Defender, Phoenix, Attorneys for Petitioner.

Richard M. Romley, Maricopa County Attorney By Faith C. Klepper, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.


OPINION

TIMMER, Presiding Judge.

¶ 1 Barbara Aragon filed this special action petition arguing that the trial court abused its discretion by granting the State's motion to withdraw from a plea agreement that the court had previously accepted. To resolve this issue, we must decide whether the United States Supreme Court's recent decision in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), coupled with Aragon's refusal...

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