State v. SUPERIOR COURT, ETC.

CAMERON, Justice.

We accepted this petition for special action to consider the effect of a plea agreement upon a sentence after the acceptance of a plea of guilty when the trial judge declined to follow the provisions of the plea agreement as to the sentence. We have jurisdiction under Rule 8, Rules of Procedure for Special Actions, 17A A.R.S.

We must answer two questions:

1. Does the State have standing to object to a trial judge’s failure to honor a properly negotiated plea agreement?

2. Did the trial court have jurisdiction to sentence contrary to the plea agreement?

Respondent, Gary Don…