Alejandro v. Harrison

OPINION

KESSLER, Judge.

¶ 1 This special action presents the issue whether the superior court has discretion to reject a defendant’s unconditional offer to plead guilty to fewer than all counts of an indictment solely because the State objects to such an offer. We hold that the court lacks discretion to refuse to accept such a plea based on the State’s objections provided that the plea is voluntarily, intelligently and knowingly made and there is a factual basis for the plea. Accordingly, we accept jurisdiction and grant relief.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 On February 12, 2008, a grand…