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ALEJANDRO v. HARRISON

No. 1 CA-SA 09-0077.

219 P.3d 231 (2009)

Frank Jerome ALEJANDRO, Petitioner, v. The Honorable Cari HARRISON, Judge of the Superior Court of The State of Arizona, in and for the County of Maricopa, Respondent Judge, State of Arizona, Real Party in Interest.

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

May 22, 2009.

Attorney(s) appearing for the Case

James J. Haas, Maricopa Public Defender By Tracy Friddle, Deputy Public Defender, Phoenix, Attorneys for Petitioner.

Andrew P. Thomas, Maricopa County Attorney By Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for Real Party in Interest.

OPINION

KESSLER, Judge.

¶ 1 This special action presents the issue whether the superior court has discretion to reject a defendant's unconditional offer to plead guilty to fewer than all counts of an indictment solely because the State objects to such an offer. We hold that the court lacks discretion to refuse to accept such a plea based on the State's objections provided that the plea is voluntarily, intelligently and knowingly made and there is a...

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