State v. Rivera

OPINION

BERCH, Justice.

¶ 1 We granted review to determine whether a plea agreement containing terms that require truthful testimony and an avowal that prior statements by the pleading defendant were true constitutes a “consistency agreement,” prohibited by our decision in State v. Fisher, 176 Ariz. 69, 859 P.2d 179 (1993) (Fisher III). We hold that it does not. We have jurisdiction in this case pursuant to Article 6, Section 5(3) of the Arizona Constitution and Arizona Revised Statutes (“A.R.S.”) section 12-120.24 (2003).

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 In 1998, Michael Rivera, Mareario…