STATE v. CALHOUN

No. 1 CA-CR 2154.

115 Ariz. 115 (1977)

563 P.2d 914

STATE of Arizona, Appellee, v. Mark Arthur CALHOUN, Jr., Appellant.

Court of Appeals of Arizona, Division 1, Department C.

April 19, 1977.


Attorney(s) appearing for the Case

Bruce E. Babbitt, Arizona Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div., Shirley H. Frondorf, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Michael G. Sullivan, Deputy Public Defender, Phoenix, for appellant.


OPINION

JACOBSON, Presiding Judge.

This is another in the growing genre of cases wherein it is contended that fundamental error occurred when the prosecution elicited testimony and thereafter commented upon a defendant's silence following arrest, or, more particularly here, his failure to communicate fully exculpatory information to which he later testifies at trial.

The appellant was found guilty by a jury of possessing stolen property,

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