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STATE v. RIVERA

No. CR-04-0170-PR.

109 P.3d 83 (2005)

210 Ariz. 188

STATE of Arizona, Appellee, v. Michael Anthony RIVERA, Appellant.

Supreme Court of Arizona, En Banc.

April 5, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Phoenix, Attorney for Appellee.

James J. Haas, Maricopa County Public Defender by Garrett W. Simpson, Deputy Public Defender, Phoenix, Attorney for Appellant.

Andrew P. Thomas, Maricopa County Attorney, Richard M. Romley, Former Maricopa County Attorney by Diane Gunnels Rowley, Deputy County Attorney, Phoenix, Attorney for Amicus Curiae Arizona Prosecuting Attorneys' Advisory Council.

OPINION

BERCH, Justice.

¶ 1 We granted review to determine whether a plea agreement containing terms that require truthful testimony and an avowal that prior statements by the pleading defendant were true constitutes a "consistency agreement," prohibited by our decision in State v. Fisher, 176 Ariz. 69, 859 P.2d 179 (1993) (Fisher III). We hold that it does not. We have...

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