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RIVERA-LONGORIA v. SLAYTON

No. CV-10-0362-PR.

264 P.3d 866 (2011)

Martin RIVERA-LONGORIA, Petitioner, v. The Honorable Dan SLAYTON, Judge of the Superior Court of the State of Arizona, in and for the COUNTY OF COCONINO, Respondent Judge, State of Arizona, through David W. Rozema, Coconino County Attorney, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

November 23, 2011.

Attorney(s) appearing for the Case

Keith A. Hammond, P.C. By Keith A. Hammond , Flagstaff, Attorney for Martin Rivera-Longoria.

David W. Rozema , Coconino County Attorney, By Jonathan C. Mosher , Deputy County Attorney, Flagstaff, Attorney for State of Arizona and David W. Rozema.

Arizona Prosecuting Attorneys' Advisory Council, By Elizabeth Ortiz , Phoenix, Attorney for Amicus Curiae Arizona Prosecuting, Attorneys' Advisory Council.

OPINION

BALES, Justice.

¶1 When an indictment or information has been filed, Rule 15.8 of the Arizona Rules of Criminal Procedure authorizes sanctions if a prosecutor imposes a plea deadline and fails to disclose certain information to the defense at least thirty days before the offer lapses. We today hold that Rule 15.8 does not apply when a prosecutor withdraws an open-ended plea offer. In that situation, Rule 15.7 governs the imposition of sanctions...

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