State v. Ellerson

CAMERON, Justice.

This is an appeal from a jury verdict and judgment of guilt to the charge of unlawful possession of a narcotic drug, heroin, A.R.S. § 36-1002, as amended, and A.R.S. § 36-1002.10. 1 The Court of Appeals affirmed the judgment and verdict, and we granted review because of what we believed to be a misstatement of the law by the Court of Appeals.

We must determine four matters on appeal:

1. Did the defendant, by admitting the prior conviction upon direct examination, waive the right to contest on appeal the court’s ruling denying his pretrial motion in limine as to the prior…