STATE v. ASBURY

No. 2 CA-CR 1650.

124 Ariz. 170 (1979)

602 P.2d 838

The STATE of Arizona, Appellee, v. Alan Curtis ASBURY, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied October 31, 1979.

Review Denied November 20, 1979.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Greg A. McCarthy, Asst. Attys. Gen., Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender by Lawrence H. Fleischman, Asst. Public Defender, Tucson, for appellant.


OPINION

RICHMOND, Chief Judge.

Appellant was convicted on two counts of armed robbery and sentenced to 30 to 40 years on each count. Because it was reversible error to admit in evidence his refusal to provide a handwriting sample or pose for a photograph where the state's request for physical evidence did not comply with 17 A.R.S. Rules of Criminal Procedure, rule 15.2(a), the judgment must be reversed.

Prior to trial a representative of the state...

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