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STATE v. RICHCREEK

No. CR-96-0224-PR.

187 Ariz. 501 (1997)

930 P.2d 1304

STATE of Arizona, Appellee, v. Daniel RICHCREEK, Appellant.

Supreme Court of Arizona, En Banc.

January 21, 1997.

Attorney(s) appearing for the Case

Grant Woods, Arizona Attorney General by Paul J. McMurdie, Consuelo M. Ohanesian, Phoenix, for State of Arizona.

Dean W. Trebesch, Maricopa County Public Defender by Lawrence S. Matthew, Phoenix, for Daniel Richcreek.

OPINION

FELDMAN, Justice.

Daniel Richcreek (Defendant) appeals his conviction for theft of an automobile. The sole issue before the court of appeals was whether the trial court erred when it refused to suppress evidence seized as a result of the stop of the vehicle Defendant was driving. The majority of the court of appeals affirmed. The dissenting judge concluded the evidence should have been suppressed. We agree with the dissent and reverse.

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