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STATE v. PIERI

No. 31,119.

207 P.3d 1132 (2009)

2009-NMSC-019

STATE of New Mexico, Plaintiff-Petitioner, v. Marylyn PIERI, Defendant-Respondent.

Supreme Court of New Mexico.

Rehearing Denied May 18, 2009.

Attorney(s) appearing for the Case

Gary K. King, Attorney General, James W. Grayson, Assistant Attorney General, Albuquerque, NM, for Petitioner.

Hugh W. Dangler, Chief Public Defender, Karl Erich Martell, Assistant Appellate Defender, Santa Fe, NM, for Respondent.

OPINION

CHÁVEZ, Chief Justice.

{1} In Eller v. State, 92 N.M. 52, 582 P.2d 824 (1978), a three-member majority of this Court held that when a trial court rejects a sentencing recommendation in a plea agreement, it must give the defendant an opportunity to withdraw his or her plea pursuant to former New Mexico Rule of Criminal Procedure 21(g)(4), the predecessor to...

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