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Hovey v. Superior Court

9/11/1990

pted: "If defendant learns of the breach at or before sentencing, he may object and move to withdraw from the plea agreement, . . . or seek specific enforcement of the agreement." Georgeoff, 163 Ariz. at 437, 788 P.2d at 1188 (citation omitted) (emphasis added). See also State v. Romero, 145 Ariz. 485, 702 P.2d 714 (App.1985).


Conclusion


Hovey is therefore entitled to have his original plea agreement specifically enforced. Since withdrawal from it is an inadequate remedy, we order that the trial court specifically enforce the original plea agreement and dismiss the manslaughter charge brought after acceptance of that plea.






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