State v. Ruiz

KRUCKER, Chief Judge.

The sole question for decision in this appeal concerns an instruction to the jury as follows:

“Now, ladies and gentlemen of the jury, the Court instructs you that the actual unexplained possession of recently stolen goods is a fact from which the possessor’s guilt may be inferred by you the jury.”

Appellant claims that this is a comment upon his failure to testify and violates his privilege against self-incrimination.

Appellant-defendant was informed against for the crime of auto theft in violation of A.R.S. § 13-672, as amended. The jury was fully instructed on the crime of…