(dissenting).
I regret that I must dissent in this matter. I have no quarrel with the law as stated in the majority opinion. I do believe, however, that the facts support a *456finding by this court that there was a sufficient factual determination at the plea of guilty to show that the defendant was, in fact, guilty of the crime as charged. The statement of the defendant at that hearing was as follows:
“I handed him some money, and he gave me — I bought some gas and handed him $10.00, and he gave me $9.00 back, and I gave him eleven more dollars and told him to let me have the $20.00 bill, and he gave it to me.”
This statement alone is sufficient from which the trial court could find that the defendant had obtained by “false representation or deception” the confidence of the service station attendant and the service station attendant believed that he owed the defendant the $20. I believe this complies with the statute and was sufficient from which the trial court could accept a plea of guilty by the defendant to the charge of confidence game in violation of A.R.S. § 13-312.