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STATE v. CRUMLEY

No. 2 CA-CR 2051-2.

128 Ariz. 329 (1980)

625 P.2d 918

The STATE of Arizona, Appellee, v. Abram Oakley CRUMLEY, Jr., Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 10, 1980.

Review Granted January 6, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.

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

OPINION

RICHMOND, Judge.

Appellant attacks his conviction of attempted theft with prior convictions on several grounds, including a comment by the prosecutor in closing argument on his failure to testify. Although the comment followed an improper argument by defense counsel, we reverse because the prosecutor's response went too far.

During his summation defense counsel told the jury:

Ladies and gentlemen...

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