Aragon v. Wilkinson

OPINION

TIMMER, Presiding Judge.

¶ 1 Barbara Aragon filed this special action petition arguing that the trial court abused its discretion by granting the State’s motion to withdraw from a plea agreement that the court had previously accepted. To resolve this issue, we must decide whether the United States Supreme Court’s recent decision in Blakely v. Washington, — U.S. —, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), coupled with Aragon’s refusal to waive her right to a jury trial on the existence of factors sufficient to allow the court to impose an aggravated sentence, justified the State’s motion…