STATE v. NAVALLEZ

No. 2 CA-CR 2330.

131 Ariz. 172 (1981)

639 P.2d 362

The STATE of Arizona, Appellee, v. Armando Xavier NAVALLEZ, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied December 15, 1981.

Review Denied January 12, 1982.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Frederic J. Dardis, Pima County Public Defender by Barry J. Baker Sipe, Asst. County Public Defender, Tucson, for appellant.


OPINION

BIRDSALL, Judge.

The appellant was convicted of theft of property having a value over $100 and less than $1,000, a class 4 felony, with a prior felony conviction. On appeal he argues that the trial court committed reversible error in:

1) Precluding a prior out-of-court statement of a prosecution witness,

2) Failing to give a requested "identification" instruction, and

3) Denying his motion to suppress identification evidence...

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