State v. Corno

OPINION

VOSS, Judge.

The State of Arizona appeals from an order denying its motion to withdraw from a plea agreement after the court rejected a stipulation that defendant’s conviction for possession of drug paraphernalia be designated a class 6 felony at sentencing. Because the sentencing judge erred in denying the motion, we remand for further proceedings consistent with this decision.

FACTUAL AND PROCEDURAL BACKGROUND

Appellee David Gene Corno (defendant) was charged by information with one count of possession of narcotic drugs (cocaine), a class 4 felony and one count of possession of drug…