STATE v. BRITAIN

No. 2 CA-CR 87-0059.

156 Ariz. 384 (1988)

752 P.2d 37

The STATE of Arizona, Appellee, v. Neil Eugene BRITAIN, Appellant.

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

February 23, 1988.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Susanna C. Pineda, Phoenix, for appellee.

Robertson & Villarreal, Ltd. by Michael A. Villarreal, Florence, for appellant.


LIVERMORE, Presiding Judge.

We must reverse defendant's convictions for two counts of burglary and two counts of attempted theft because of constitutional violations in obtaining statements from him and in searching his residence.

Defendant was arrested as he left a mobile home which had been broken into. Because he did not stay immobile on the ground, a police sergeant (later demoted) hit him over the head with a flashlight. Police officers testified variously...

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