State v. Diaz

OPINION

LANKFORD, Judge.

The question presented in this appeal is whether a defendant is entitled to withdraw his plea of guilty when he is sentenced to punishment for a felony offense despite a plea agreement which provides for sentencing as an “undesignated” offense pursuant to Ariz.Rev.Stat. (A.R.S.) § 13-702(H).

I

A complaint was filed charging appellant Raul Francisco Diaz (defendant) with possession of marijuana, a class 6 felony. His criminal record includes prior felony convic*147tions. The defendant and the state entered into a plea agreement in which he agreed to plead guilty to a charge of…