State v. Smyers

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 This case requires us to examine again whether a defendant must testify in order to preserve for appeal a challenge to an adverse pretrial ruling allowing the defendant’s prior convictions to be admitted for impeachment purposes. We exercise jurisdiction pursuant to Article VI, Section 5.3 of the Arizona Constitution and Arizona Revised Statutes (A.R.S.) section 13-4031 (2001).

I

¶ 2 On June 8, 2001, the State charged Daniel Smyers with two counts of furnishing obscene or harmful items to a minor. Prior to trial, the State filed a motion based upon…