STATE v. RIOS

No. 2 CA-CR 955.

122 Ariz. 33 (1979)

592 P.2d 1299

The STATE of Arizona, Appellee, v. Danny RIOS and Robert Glenn Becker, Appellants.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 6, 1979.

Review Denied March 27, 1979.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and R. Wayne Ford, Asst. Attys. Gen., Phoenix, for appellee.

Hirsh, Shiner & Walker, P.C., Tucson, for appellants.


OPINION

RICHMOND, Chief Judge.

Defendants Danny Rios and Robert Becker appeal from their convictions of transportation of marijuana and conspiracy to transport marijuana, A.R.S. § 36-1002.07, and the sentences thereon. They raise two questions:

1. Did cross-examination regarding their silence at the time of arrest violate their Fifth Amendment rights? 2. Was the evidence insufficient to support conviction because the state failed to...

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