No. 1 CA-CR 95-0752.

188 Ariz. 201 (1996)

933 P.2d 1269

STATE of Arizona, Appellee, v. Edward PALENKAS, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

As Amended December 19, 1996.

Reconsideration Denied December 19, 1996.

Review Denied March 25, 1997.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Mona Peugh-Baskin, Assistant Attorney General, Phoenix, for Appellee.

Debus & Kazan, Ltd. by Tracey Westerhausen, Phoenix, and Budoff & Ross by Marc Budoff, Phoenix, for Appellant.


VOSS, Judge.

Edward Palenkas ("defendant") appeals from his convictions, after a jury trial, of one count of reckless manslaughter and one count of leaving the scene of a fatal injury accident. The only issue we address in this opinion1 is whether the prosecutor's use of defendant's invocation of his constitutional right to refuse a warrantless search and the fact that he contacted his attorney, as evidence of guilt, deprived...

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