State of Arizona, Appellee v. Dustin Gill, Appellant

Summary

The court held that statements made as part of a deferred prosecution agreement are not statements made during plea discussions protected by Arizona Rule of Evidence 410(a)(4). It also held that Rule 410 protection can extend to a prosecutor's authorized agents, but the TASC representative was not negotiating a plea, and that Gill knowingly waived any applicable protection by acknowledging that his statements could be used against him. The court vacated the court of appeals' opinion and affirmed Gill's conviction and sentence.