State v. Fritz

OPINION

JACOBSON, Presiding Judge.

The sole issue raised by this appeal is whether the provisions of Rule 32, Rules of Criminal Procedure, dealing with “newly discovered evidence” are available to set aside a plea of guilty entered pursuant to North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970).

Appellant/defendant, Anthony Charles Fritz, pled guilty by way of Alford in 1986 to one count of attempted sexual conduct with a minor in the second degree in violation of A.R.S. § 13-1405, a class 3 felony. The defendant was sentenced on June 12, 1986, to lifetime probation with…