State v. Grijalba

HOLOHAN, Justice.

Defendant, Juaquin Juarez Grijalba, pled guilty to one count of attempted second degree burglary. A.R.S. § 13-1001(C)(3). The trial court sentenced him to four years in confinement plus $78.00 in restitution to the victim. Defendant appealed.

Relying on previous opinions of this court, the Court of Appeals vacated the judgment and sentence, and remanded the case to allow the defendant to withdraw the plea. The state petitioned this court for review which we granted. We have jurisdiction pursuant to Ariz. Const, art. 6 § 5(3) and 17 A.R.S. Ariz.R.Crim.P. 31.19.

The state raises…