State v. Asbury

OPINION

RICHMOND, Chief Judge.

Appellant was convicted on two counts of armed robbery and sentenced to 30 to 40 years on each count. Because it was reversible error to admit in evidence his refusal to provide a handwriting sample or pose for a photograph where the state’s request for physical evidence did not comply with 17 A.R.S. Rules of Criminal Procedure, rule 15.2(a), the judgment must be reversed.

Prior to trial a representative of the state asked appellant to submit a handwriting sample and pose for a photograph. Appellant categorically refused and indicated he would refuse even if a…