State v. Diaz

AMENDED OPINION

MOELLER, Justice.

FACTS AND PROCEDURAL HISTORY

Mario Palma Diaz (defendant) was convicted of transportation for sale of a narcotic drug and of wilfully fleeing from a pursuing law enforcement vehicle. He contended that he committed the acts under duress and the trial court, at defendant’s request, instructed the jury on the elements of duress. Defense counsel also requested, and the court gave, Recommended Arizona Jury Instruction (RAJI) 4.01, which read:

If you decide that the defendant's conduct was justified, you must find the defendant not guilty. 1

Defense counsel based part…