State of Arizona v. David J. Waller

OPINION

ESPINOSA, Judge.

¶ 1 After a jury trial, appellant David Waller was convicted of aggravated assault with a deadly weapon or dangerous instrument and was sentenced to a mitigated prison term of five years. On appeal, he argues the trial court erred by failing to suppress his pretrial statements and his in-court identification, and by denying his motion for new trial. He also contends the court committed fundamental error by precluding evidence of the nature of the victim’s prior felony conviction and denying his motion for change of judge.

Factual and Procedural Background

¶ 2 “We view the…