State v. City Court of City of Tucson

CAMERON, Justice.

We granted this petition for review to correct what we believe to be a mistake of law concerning the discretion of the Tucson City Court in granting a motion to withdraw a plea of guilty. We have jurisdiction pursuant to A.R.S. § 12-120.24 and Rule 31.19, Arizona Rules of Criminal Procedure, 17 A.R.S.

The facts necessary for a determination of this matter are as follows. In January Í980, the real party in interest, Ervin Krist, represented by counsel, pled guilty to the charge of reckless driving in the City Court of The City of Tucson. Because he had a previous conviction for…