State v. Miller

OPINION

BIRDSALL, Judge.

Appellant was a prisoner at Arizona State Prison. He was convicted of aggravated assault on a prison employee.

He raises the following issues on appeal:

1) Should his conviction be reversed because a witness testified that he refused to answer questions after being advised of his constitutional rights?

2) Did the court err in refusing to give a self defense instruction?

3) Did the court err in refusing his post indictment motion for. preliminary hearing or, in the alternative, to dismiss?

During the state’s case an investigator for the prison testified. He was asked: “Do you…