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STATE v. HERNANDEZ

No. 2 CA-CR 2018-0042.

443 P.3d 33 (2019)

The STATE of Arizona, Appellee, v. Pablo Isaac HERNANDEZ, Appellant.

Court of Appeals of Arizona, Division 2.

Filed May 8, 2019.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Joseph T. Maziarz , Chief Counsel, By Michelle Hogan , Assistant Attorney General, Phoenix, Counsel for Appellee.

Joel Feinman , Pima County Public Defender, By Michael J. Miller and David J. Euchner , Assistant Public Defenders, Tucson, Counsel for Appellant.

Presiding Judge Staring authored the opinion of the Court, in which Chief Judge Eckerstrom concurred and Judge Brearcliffe concurred in part and dissented in part.

OPINION

¶1 In this appeal from Pablo Isaac Hernandez's conviction for unlawful flight from a law enforcement vehicle, we conclude the trial court erred by not giving an adverse-inference jury instruction based on State v. Willits, 96 Ariz. 184, 191,

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