State v. Tellez

FIDEL, P.J., and EUBANK, J.,

concur.

SUPPLEMENTAL OPINION

In an earlier appeal to this court, appellant George Luis Tellez (defendant) challenged the imposition of a $37,500 fine in his plea agreement. The state contended the fine was mandatory. In our opinion filed December 7,1989,165 Ariz. at 381, 799 P.2d at 1, we held that the fine was not mandatory and vacated the plea agreement. Defendant subsequently filed a motion to reconsider arguing that the plea should be left intact with the fine stricken. The state agrees that the plea should remain intact but that the case should be remanded for…