STATE v. DURAN

No. CR-13-0087-PR.

312 P.3d 109 (2013)

The STATE of Arizona, Appellee, v. Anthony DURAN, Appellant.

Supreme Court of Arizona.

November 7, 2013.


Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals, Kathryn A. Damstra (argued), Assistant Attorney General, Tucson, for State of Arizona.

The Law Office of Robert J. Trebilcock, Robert J. Trebilcock (argued), Phoenix, for Anthony Duran.

Justice PELANDER authored the opinion of the Court, in which Chief Justice BERCH, Vice Chief Justice BALES, Justice BRUTINEL, and Justice TIMMER joined.


Justice PELANDER, opinion of the Court.

¶ 1 After rejecting a proposed plea agreement, the trial court erroneously ruled that the State could impeach defendant Anthony Duran with statements he made in connection with his change of plea if he testified inconsistently with them at trial. Duran objected to this ruling and asserts it caused him to choose not to testify. We hold that Duran cannot raise the trial court's error on appeal because a defendant must testify...

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