STATE v. MEDINA

No. CR-96-0289-AP.

975 P.2d 94 (1999)

193 Ariz. 504

STATE of Arizona, Appellee, v. Efren MEDINA, Appellant.

Supreme Court of Arizona, En Banc.

March 4, 1999.


Attorney(s) appearing for the Case

Janet A. Napolitano, Attorney General By Paul J. McMurdie, Chief Counsel, Criminal Appeals, J. Randall Jue, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Neal W. Bassett, Phoenix, Attorney for Appellant.


OPINION

ZLAKET, Chief Justice.

¶ 1 At approximately 12:30 a.m. on September 30, 1993, Frazier Giles got out of bed to let some fresh air into his Phoenix townhouse. He opened a window, glanced across the street, and noticed someone sitting in his neighbor's car. The headlights were on and the driver's door was open. Next to the car, he saw what he thought was a "pile of rags." Not thinking much about it, he went back to bed.

¶ 2 A few minutes...

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