State v. Stevens

In State v. Stevens, 154 Ariz. 510, 744 P.2d 37 (App. 1987) the Court concluded the trial court did not abuse its discretion by permitting a defendant to withdraw a guilty plea entered under the erroneous belief--held by both the parties and the court--that his offenses had been committed while on parole when, in fact, his parole had terminated. 154 Ariz. at 512, 515, 744 P.2d at 39, 42. As a result, his "calculation of the acceptability of the plea bargain offered by the state" was skewed by the belief that, if convicted after trial, he would be subject to a mandatory, enhanced prison sentence of twenty-five years to life. Id. The court concluded: "To preclude the defendant from withdrawing his plea and reevaluating his position on the basis of a knowing and intelligent assessment of his sentencing exposure would be manifest injustice." Id. at 515, 744 P.2d at 42.