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STATE v. DIAZ

No. 2 CA-CR 89-0289.

166 Ariz. 442 (1990)

803 P.2d 435

The STATE of Arizona, Appellee, v. Mario Palma DIAZ, Appellant.

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

Reconsideration Denied June 27, 1990.

Petition for Review Granted in Part; Cross-Petition for Review Denied January 23, 1991.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica Gifford Funkhouser and Jack Roberts, Phoenix, for appellee.

Robert Arentz, Cochise County Public Defender by Benna R. Troup, Bisbee, for appellant.

OPINION

FERNANDEZ, Chief Judge.

Appellant was found guilty by a jury of the crimes of transportation for sale of a narcotic drug and wilfully fleeing from a pursuing law enforcement vehicle. He was sentenced to concurrent, aggravated prison terms. We find that the court erred in instructing the jury, and we remand for a new trial.

A department of public safety officer in an unmarked car monitoring traffic with an LR-8 radar unit in Cochise County on...

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