STATE v. UPDIKE

No. 2 CA-CR 4191-2.

151 Ariz. 433 (1986)

728 P.2d 303

The STATE of Arizona, Appellee, v. Estevan Anthony UPDIKE, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied November 4, 1986.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Gerald R. Grant, Phoenix, for appellee.

Frederic J. Dardis, Pima County Public Defender by John F. Palumbo, Tucson, for appellant.


LIVERMORE, Presiding Judge.

Defendant appeals from his conviction for burglary in the third degree and raises as error two evidentiary rulings. First, he contends that the trial court erred in admitting his statement to a co-participant to "keep your mouth shut and nobody will get in trouble." Second, he argues that fundamental error occurred because the prosecutor implied that he had a prior criminal record by having a co-participant in the crime, while testifying...

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