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Legal Opinion

State of Arizona v. Francisco L. Encinas Valenzuela

Court of Appeals of Arizona

Decided May 26, 2015No. 2 CA-CR 2014-0169PublishedCited by 7 opinions

1Opinion of the Court

OPINION

MILLER, Presiding Judge:

¶ 1 Francisco Valenzuela was convicted after a bench trial of two counts of aggravated driving under the influence of alcohol (DUI) and sentenced to concurrent prison terms totaling 1.5 years. On appeal, he contends he was coerced into consenting to blood, breath, or urine tests by the language the arresting officer used to implement Arizona’s implied consent admonition. He also contends his consent to testing was involuntary based on the totality of the circumstances. For the following reasons, we affirm.

Factual and Procedural Background

¶ 2 We consider only the…

2Cases cited35 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Katz v. United StatesSupreme Court of the United States · 1967
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  5. Escobedo v. IllinoisSupreme Court of the United States · 1964

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3Cited by7 opinions

  1. State of Arizona v. Francisco L Encinas ValenzuelaArizona Supreme Court · 2016
  2. State of Arizona v. Javier Francisco NavarroCourt of Appeals of Arizona · 2016
  3. State of Arizona v. Courtney Noelle WeaklandArizona Supreme Court · 2019
  4. State v. WeaklandCourt of Appeals of Arizona · 2017
  5. State of Arizona v. Courtney Noelle WeaklandArizona Supreme Court · 2019

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