State v. Arredondo

CAMERON, Vice Chief Justice

(dissenting).

I regret that I must dissent.

Our statute § 13-163 A.R.S. states:

“A. A defendant in a criminal'action or proceeding shall not be compelled to be a witness against himself, but may be a witness in his own behalf. If he offers himself as a witness in his own behalf, he may be cross-examined to the same extent and subject to the same rules as any other witness.

“B. The defendant’s neglect or refusal to be a witness in his own behalf shall not in any manner prejudice him, or be used against him on the trial or proceedings.”

And we have stated:

“We must follow…