State v. Burciaga

OPINION.

CORCORAN, Judge.

The state appeals pursuant to A.R.S. § 13-4032(7) from the trial court’s order granting defendant’s motion to suppress statements made by the defendant in connection with the preparation of a presentence report in a prior unrelated case.

The issues presented are:(1) Whether rule 26.6(d)(2), Arizona Rules of Criminal Procedure, precludes statements made by defendant during preparation of a presentence report in one case from being admitted at the trial in a later unrelated case; and(2) Whether defendant’s prior conviction for theft is admissible in the state’s case in…