State v. Scott

OPINION

JACOBSON, Presiding Judge.

After a trial by jury, appellant was found guilty of robbery and sentenced to not less than ten nor more than fifteen years in the Arizona State Prison. On appeal, he raises the single issue of whether it was impermissible for the prosecutor to elicit testimony from a police officer that appellant did not tell his explanation of the incident to the police officer at the time of his arrest, after Miranda warnings had been given.

The alleged victim, Mr. Jack, claimed that appellant and his codefendant attacked him and took his watch. Appellant testified that he…