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State ex rel Verburg v. Jones11/1/2005
at 288 (holding that admission of evidence of defendant's refusal to perform field sobriety tests did not violate the Fifth Amendment because it was not "the result of governmental compulsion").
The State was entitled to introduce evidence that defendant refused a lawful search. The State was entitled to comment on that evidence in argument. The defendant's trial was not fatally defective because it included such evidence and comment. Accordingly, we granted relief from the superior court's order vacating defendant's conviction. We also stayed further proceedings pending further order of this Court. We now dissolve that stay and further direct that the superior court enter its order affirming the judgment of conviction.
JEFFERSON L. LANKFORD, Judge
CONCURRING:
DONN KESSLER, Presiding Judge
JAMES B. SULT, Judge
Page 1 2 3 Arizona DUI Attorneys
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