State v. Delk

OPINION

EUBANK, Presiding Judge.

Appellant raises one issue for our consideration. Is the “anti-plea bargain” provision in A.R.S. § 28-692(C) unconstitutional as violative of Article 6, § 5 of the Arizona Constitution? The procedural history of the case is as follows.

Appellant was charged in the Scottsdale City Court with violations of A.R.S. §§ 28-692(A) and (B), both class 1 misdemeanors, and other minor traffic infractions. Prior to trial, he entered into a plea agreement with the State. In the agreement appellant agreed to, and did, plead guilty to driving while intoxicated (DWI), in…