State of Arizona v. Nelson Ivan Boteo-Flores

OPINION

HOWARD, Chief Judge.

¶ 1 After a jury trial, appellant Nelson Boteo-Flores was convicted of facilitation of theft of a means of transportation and sentenced to the presumptive prison term of 1.75 years. On remand from our supreme court, we must decide whether BoteoFlores’s statements after his de facto arrest were sufficiently an act of free will to purge the primary taint of the illegal arrest. See State v. Boteo-Flores, 230 Ariz. 105, ¶¶ 21-22, 280 P.3d 1239, 1243 (2012). Boteo-Flores contends the state waived its attenuation argument by not raising it in the trial court. He further…