STATE v. SMYERS

No. CR-03-0284-PR.

86 P.3d 370 (2004)

207 Ariz. 314

STATE of Arizona, Appellee. v. Daniel John SMYERS, Appellant.

Supreme Court of Arizona, En Banc.

March 26, 2004.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Jon G. Anderson, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Maricopa County Public Defender, by Stephen R. Collins, Deputy Public Defender, Phoenix, Attorneys for Daniel John Smyers.


OPINION

McGREGOR, Vice Chief Justice.

¶ 1 This case requires us to examine again whether a defendant must testify in order to preserve for appeal a challenge to an adverse pretrial ruling allowing the defendant's prior convictions to be admitted for impeachment purposes. We exercise jurisdiction pursuant to Article VI, Section 5.3 of the Arizona Constitution and Arizona Revised Statutes (A.R.S.) section...

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