State v. Stevens

OPINION

TIMMER, Presiding Judge.

¶ 1 We are asked in this appeal to decide the viability of our holding in State v. Palen-kas, 188 Ariz. 201, 933 P.2d 1269 (App.1996), that a prosecutor erred by introducing evidence that a defendant had refused a police request to voluntarily submit to a search. Although we discount some of the reasoning underlying that decision, we adhere to its holding. For the reasons that follow, and for the reasons set forth in our companion memorandum decision addressing unrelated issues, we reverse Medina Ann Stevens’ conviction and resulting disposition imposed for…