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STATE v. WASHINGTON

No. 1 CA-CR 2718.

120 Ariz. 229 (1978)

585 P.2d 249

STATE of Arizona, Appellant, v. Dennis WASHINGTON, Donald Lee Clancy, Pete Duarte Ayala, Dennis John Lautanen, Alan Michael Green and Richard Joseph Stefko, Appellees.

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

Rehearing Granted June 29, 1978.

Rehearings of Supplemental Opinion Denied August 31, 1978.

Review Denied October 3, 1978.

Attorney(s) appearing for the Case

Bruce E. Babbitt, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Asst. Atty. Gen., Phoenix, Robert J. Roberson, Deputy Yuma County Atty., Yuma, for appellant.

Stephen J. Rouff, Yuma, for appellees Clancy and Washington.

Garth Nelson, Yuma, for appellee Ayala.

Donald B. Engler, Yuma, for appellees Green, Stefko and Lautanen.

OPINION

JACOBSON, Judge.

The basic issue raised by this appeal is whether the "fruit of the poisonous tree" doctrine prohibits the use of testimony of a co-defendant, after that co-defendant has entered a plea of guilty.

The facts in this case are not in material dispute. On October 23, 1976, officers of the Yuma City-County Narcotics Task Force had Room 130 of the Holiday Inn in Yuma under surveillance....

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