Kelley v. Arizona Department of Corrections

Appellant was charged with two counts of child molestation. His wife was named as a co-defendant in one count of molestation and charged with one count of child abuse. Prior to trial, the state offered plea agreements to both. Appellants wife accepted her plea offer and testified for the state. Appellant rejected his offer and proceeded to trial. The evidence, in a light most favorable to sustaining the verdict, State v. DeSanti, 8 Ariz. App. 77, 443 P.2d 439 (1968), established the following.