State v. Sepulveda

OPINION

JACOBSON, Judge.

The main issue on this appeal is whether statements made by a criminal defendant to a probation officer in preparation of a pre-sentence report as a result of an agreed submission and finding of guilt subsequently withdrawn may be introduced in the trial of the defendant on the criminal charge involved.

The defendant-appellant, Frank Roy Se-pulveda, was charged and convicted of an assault with a deadly weapon arising out of his shooting an individual in a downtown Phoenix bar. The defendant took the stand and admitted the shooting, but attempted to raise the issue of…