State v. Draper
In State v. Draper, 123 Ariz. 399, 401, 599 P.2d 852, 854 (App. 1979), the defendant "agreed to plead guilty to shoplifting with an unspecified prior conviction." 123 Ariz. at 401, 599 P.2d at 854. The state had filed an information charging him with shoplifting and alleging a specific prior conviction. Id. However, that conviction was too remote in time to support the enhanced sentence the trial court subsequently imposed. Id.
On appeal, another department of this court noted that "the usual disposition where there is no factual basis for a plea is vacation of the plea and remand with reinstatement of charges." Id.
Finding "the plea agreement, reasonably construed, contemplated an integrated plea to both the substantive offense and a valid enhancing conviction," and that the defendant apparently had other prior convictions that appropriately could be used to enhance his sentence, it therefore vacated the plea. Id.