STATE v. TOM

No. 2 CA-CR 1957.

126 Ariz. 178 (1980)

613 P.2d 842

The STATE of Arizona, Appellee, v. Daniel Frank TOM, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied June 25, 1980.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Asst. Atty. Gen., and O.E. Jack Roberts, Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender by Allen G. Minker, Tucson, for appellant.


OPINION

RICHMOND, Judge.

Appellant contends that the trial court erred in denying his motion to suppress a confession made when he was being interrogated minutes after a violent arrest. We agree that the state failed to sustain the burden of proving the confession was voluntary, and reverse appellant's convictions of conspiracy to commit armed robbery, attempted armed robbery, aggravated assault, and fraudulent scheme and artifice.

The conviction for...

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