State v. Rogel, 568 P.2d 421 (Ariz. 1977). · Go Syfert
State v. Rogel, 568 P.2d 421 (Ariz. 1977). Cases Citing This Book View Copy Cite
57 citation events (20 in the last 25 years) across 10 distinct courts.
Strongest positive: State v. Carey Mitchell Baker (idaho, 2014-03-28)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 14 distinct citers.
discussed Cited as authority (rule) State v. Carey Mitchell Baker
Idaho · 2014 · confidence medium
See Montana v. Milinovich, 248 Mont. 373 , 812 P.2d 338, 340 (1991) overruled on other grounds by State v. Deserly, 344 Mont. 468 , 188 P.3d 1057 (2008) (overruled by State v. Brinson, 351 Mont. 136 , 210 P.3d 164 (2009)) (holding by a narrow majority that a plea agreement is not breached when a probation officer recommends a sentence different from that contained in a plea agreement because a probation officer is not the equivalent of a prosecutor); Arizona v. Rogel, 116 Ariz. 114 , 568 P.2d 421, 423 (1977) (holding that the use of the phrase “the State’ in a plea agreement manifests “t…
discussed Cited as authority (rule) State v. Carey Mitchell Baker
Idaho · 2014 · confidence medium
See Montan v. Milinovich, 812 P.2d 338, 340 (Mont. 1991) (overruled on other grounds by State v. Deserly, 188 P.3d 1057 (Mont. 2008) (overruled by State v. Brinson, 210 P.3d 164 (Mont. 2009)) (holding by a narrow majority that a plea agreement is not breached when a probation officer recommends a sentence different from that contained in a plea agreement because a probation officer is not the equivalent of a prosecutor); Arizona v. Rogel, 568 P.2d 421, 423 (1977) (holding that the use of the phrase “the State” in a plea agreement manifests “the parties’ mutual intent to use that term i…
discussed Cited as authority (rule) State v. Matson (2×)
Wis. Ct. App. · 2003 · confidence medium
State v. Rogel, 568 P.2d 421, 423 (Ariz. 1977).
cited Cited as authority (rule) State v. Sanchez
Wash. · 2002 · confidence medium
State v. Rogel, 116 Ariz. 114 , 568 P.2d 421, 423 (1977).
cited Cited as authority (rule) State v. Sanchez
Wash. · 2002 · confidence medium
State v. Rogel, 116 Ariz. 114 , 568 P.2d 421, 423 (1977).
cited Cited as authority (rule) Kathleen Paige Gannon v. Dale Copeland Grant Woods, Attorney General of the State of Arizona
9th Cir. · 1997 · confidence medium
State v. Rogel, 568 P.2d 421, 423 (Ariz.1977); State v. McFord, 564 P.2d 935, 937 (Ariz. Ct. App 1977).
cited Cited as authority (rule) State v. Bernecker
Ariz. Ct. App. · 1990 · confidence medium
Boykin, 395 U.S. 238 , 89 S.Ct. 1709 ; State v. Rogel, 116 Ariz. 114, 116 , 568 P.2d 421, 423 (1977).
cited Cited as authority (rule) State v. Thurston
Utah Ct. App. · 1989 · confidence medium
State v. Rogel, 116 Ariz. 114 , 568 P.2d 421, 423 (1977).
discussed Cited "see" State v. Melancon (2×)
Utah Ct. App. · 2014 · signal: see · confidence high
See id. at 1299 (examining State v. Rogel, 116 Ariz. 114 , 568 P.2d 421, 423 (1977)).
discussed Cited "see" State v. Harris (2×)
Wash. Ct. App. · 2000 · signal: see · confidence high
See Arizona v. Rogel, 116 Ariz. 114 , 568 P.2d 421, 423 (1977).
discussed Cited "see" State v. Harris (2×)
Wash. Ct. App. · 2000 · signal: see · confidence high
See Arizona v. Rogel, 116 Ariz. 114 , 568 P.2d 421, 423 (1977).
discussed Cited "see" State v. Whitehead (2×)
Ariz. · 1979 · signal: see · confidence high
See State v. Rogel, 116 Ariz. 114 , 568 P.2d 421 (1977); State v. McFord, 115 Ariz. 246 , 564 P.2d 935 (App.1977); 17 A.R.S., Rules of Criminal Procedure, rule 17.4.b.
discussed Cited "see" State v. Long (2×)
Ariz. · 1978 · signal: see · confidence high
See State v. Rogel, 116 Ariz. 114 , 568 P.2d 421 (1977).
discussed Cited "see, e.g." State v. Chetwood (2×)
Kan. Ct. App. · 2007 · signal: see, e.g. · confidence low
See, e.g., State v. Rogel, 116 Ariz. 114, 116 , 568 P.2d 421 (1977) (plea agreements are between the defendant and the prosecutor because “the State” refers only to the prosecutorial branch; police who prepare the PSI do not participate in the negotiations nor the agreement); State v. Sanders, 294 Mont. 539, 547 , 982 P.2d 1015 (1999), overruled on other grounds State v. Lone Elk, 326 Mont. 214 , 108 P.3d 500 (2005) (a probation officer is free to recommend a sentence contrary to that agreed on by the State because the officer’s recommendation is not equivalent to the prosecutor’s reco…
STATE of Arizona, Appellee,
v.
Alex ROGEL, Appellant
3904.
Arizona Supreme Court.
Jul 19, 1977.
568 P.2d 421
Bruce E. Babbitt, Atty. Gen. by William J. Schafer, III, and Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee., Ross P. Lee, Maricopa County Public Defender by H. Allen Gerhardt, Jr., Deputy Public Defender, Phoenix, for appellant.
Hays, 'Justice, Cameron, Struckmeyer, Holohan, Gordon.
Cited by 28 opinions  |  Published
HAYS,'Justice.

Appellant Alex Rogel was charged in CR-93244 with one count of burglary, first degree, in violation of A.R.S. § 13-301 and 302 and one count of rape in violation of A.R.S. § 13-611 and 614. In CR-93589 he was charged with one count of first degree burglary in violation of A.R.S. § 13-301 and 302 and one count of assault with intent to commit rape in violation of A.R.S. § 13-252. Pursuant to a plea agreement, the appellant plead guilty to one count of rape and two counts of first degree burglary. Under CR-93244 the appellant was sentenced to serve from 10 to 15 years in the state prison for the burglary and from 25 to 30 years for the rape, the sentences to run concurrently. Under CR-93789 he was sentenced to serve 10 to 15 years, this sentence to run consecutively with the sentences imposed under CR-93244. From his conviction and sentences he appeals. We have jurisdiction pursuant to Rule 47(e)(5) of the Supreme Court Rules, 17A A.R.S.

Appellant first argues that his plea of guilty should be set aside on the grounds that the trial court failed to comply with Rule 17.2(b) of the Rules of Criminal Procedure, 17 A.R.S. That rule requires the trial court inform the defendant of the “nature and range of possible sentence for the offense to which the plea is offered . . ” prior to accepting the plea of guilty. The[*116] appellant concedes that he was, in fact, informed of the maximum and minimum sentences imposable pursuant to the above-enumerated rape and burglary statutes under which he offered his plea of guilty. He argues nonetheless that because he was never informed that in addition to those sentences, he could be fined up to $200 pursuant to A.R.S. § 13-1647, [1] he was never advised of all possible sentences. We do not agree.

“The provisions of Rule 17.2 are intended to insure the voluntary and intelligent quality of the plea in accord with Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969).” State v. Lee, 112 Ariz. 283-84, 541 P.2d 383-84 (1975). While the imposition of a fine under § 13-1647 A.R.S. may have been a technical possibility, it was not an operative element of the sentence which was imposed, thus it did not affect the computation or effect of appellant’s sentence or parole therefrom as was the case in State v. Rios, 113 Ariz. 30, 545 P.2d 954 (1976). For these reasons we hold that the possibility of the imposition of the fine under § 13-1647 was not an element required to be disclosed to appellant under Rule 17.2, Rules of Criminal Procedure or under the mandates of Boykin.

Appellant also argues that the State failed to comply with the terms of the plea agreement. The written agreement provided that the appellant would plead guilty to the two counts of burglary and one count of rape in return for the State’s dismissal of a pending charge of assault with intent to commit rape. The agreement further provided that “the State” would make no recommendation whatsoever on sentencing. He argues that this latter promise was broken because the presentence report filed with the court contained a statement by Detective Moreno, the investigating officer, to the effect that the appellant should receive a lengthy sentence. Again, we do not agree.

First of all, the use of the presentence report in which the officer’s recommendation was found was never objected to by defense counsel below. As such, his failure to object to the contents of the report constitutes a waiver of the objection and one we therefore need not address here.

However, considering the merits of the argument, we find that the agreement was not breached. Plea agreements are entered into by the defendant, who is usually represented by counsel, and the prosecution. The police participate in neither negotiations nor the agreement and have no voice in dictating what terms should be considered, bargained for or included. As such, we think it is evident that in entering a plea agreement containing provisions requiring certain conduct by “the State,” it is the parties’ mutual intent to use that term in referring only to the prosecutorial branch of the State. The provision requiring the State to stand mute on sentencing here obviously refers to and binds only the county prosecutor and was not intended to prohibit police officers from airing their opinions when specifically asked to do so by probation officers. Hence, the plea agreement was not breached.

Judgment of conviction and sentences affirmed.

CAMERON, C. J., STRUCKMEYER, V. C. J., and HOLOHAN and GORDON, JJ„ concur.
1

. Section 13-1647 reads: “Upon conviction for a crime punishable by imprisonment in jail or prison and to which no fine is prescribed, the court may impose a fine on the offender not exceeding two hundred dollars in addition to the punishment prescribed.”