STATE v. ARCHIE

No. 2 CA-CR 91-0090.

171 Ariz. 415 (1992)

831 P.2d 414

The STATE of Arizona, Appellee, v. Robert Lee ARCHIE, Jr., aka "A.J." Archie, Appellant.

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

Review Denied June 30, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie and Daniel J. Kiley, Phoenix, for appellee.

Susan A. Kettlewell, Pima County Public Defender by Mary Brigid Dwyer, Tucson, for appellant.


OPINION

LACAGNINA, Presiding Judge.

In this appeal from a conviction for kidnapping and sexual assault, we must decide whether the prosecutor's avowals concerning attempts to locate the victim and assure her presence at trial constituted the good-faith effort required for a finding of unavailability and subsequent admission of her former testimony. We hold that they do not, and reverse the convictions and sentences imposed.

FACTS AND PROCEDURAL HISTORY...

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