STATE v. GAINES

No. 1 CA-CR 96-0380.

188 Ariz. 511 (1997)

937 P.2d 701

STATE of Arizona, Appellee, v. Anthony GAINES, Appellant.

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

Review Denied June 5, 1997.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Diane M. Ramsey, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, for Appellant.


OPINION

GERBER, Judge.

Appellant Anthony Gaines (Gaines) appeals from his conviction and sentence for second degree burglary. We hold that the trial court erred in permitting the state to cross-examine Gaines regarding his physical characteristics. Because we find that this ruling constituted prejudicial error, we reverse the conviction and remand for re-trial.

FACTS AND PROCEDURAL HISTORY

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