State v. Davis

OPINION

OGG, Chief Judge.

Appellant Earlie Lee Davis entered a guilty plea to the charge of assault with a deadly weapon, while armed with a deadly weapon, A.R.S. § 13-249(B), as amended 1976. He was sentenced to serve five to seven years in the Arizona State Prison. The issue on appeal is whether the prosecution breached the promises made by it in the plea agreement.

Appellant and the State entered into a plea agreement in which appellant agreed to plead guilty to assault with a deadly weapon, while armed with a deadly weapon, A.R.S. § 13 — 249(B) as amended 1976. In exchange, the prosecution…