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STATE v. WINEGARDNER

No. CR-17-0269-PR.

413 P.3d 683 (2018)

STATE of Arizona, Appellee, v. Darren Lee WINEGARDNER, Appellant.

Supreme Court of Arizona.

Filed March 26, 2018.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Phoenix, Diane Leigh Hunt (argued), Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Joel Feinman , Pima County Public Defender, Erin K. Sutherland (argued), Assistant Public Defender, Tucson, Attorneys for Darren Lee Winegardner.

CHIEF JUSTICE BALES authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL and JUSTICES PELANDER and TIMMER joined. JUSTICE LOPEZ, joined by JUSTICES BOLICK and GOULD, dissented in part and concurred in the result.

¶ 1 Arizona Rule of Evidence 609(a)(2) provides that when a party seeks to attack "a witness's character for truthfulness by evidence of a criminal conviction ..., the evidence must be admitted if the court can readily determine that establishing the elements of the crime required proving —...

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