State v. Fratus

OGG, Judge.

The defendant, Edmund Anthony Fratus, appeals from a judgment, entered upon a guilty plea, finding him guilty of the possession of marijuana for sale and from a sentence of not less than two nor more than ten years imposed thereon. The question presented by this appeal is whether the trial judge abused his discretion in refusing defendant’s timely request to withdraw his plea of guilty.

The record shows that on August 29, 1972 the defendant, while represented by counsel, entered into a plea bargain with the office of the Maricopa County Attorney wherein it was agreed that the…