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Legal Opinion

State v. Diaz

Court of Appeals of Arizona

Decided May 15, 1990No. 2 CA-CR 89-0289PublishedCited by 8 opinions

1Opinion of the Court

OPINION

FERNANDEZ, Chief Judge.

Appellant was found guilty by a jury of the crimes of transportation for sale of a narcotic drug and wilfully fleeing from a pursuing law enforcement vehicle. He was sentenced to concurrent, aggravated prison terms. We find that the court erred in instructing the jury, and we remand for a new trial.

A department of public safety officer in an unmarked car monitoring traffic with an LR-8 radar unit in Cochise County on U.S. Highway 666 near Dragoon Road observed three vehicles traveling relatively close together on November 7, 1988. He clocked the first two…

2Cases cited10 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. United States v. RossSupreme Court of the United States · 1982
  3. Martin v. OhioSupreme Court of the United States · 1987
  4. State v. HunterArizona Supreme Court · 1984
  5. UNITED STATES of America, Plaintiff-Appellee, v. Armando LOPEZ-MARTINEZ, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1984

5 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State v. DiazArizona Supreme Court · 1991
  2. State v. WitwerCourt of Appeals of Arizona · 1993
  3. State v. FierroCourt of Appeals of Arizona · 2008
  4. State v. NorrisCourt of Appeals of Arizona · 2009
  5. State of Arizona v. Anson Rydell NorrisCourt of Appeals of Arizona · 2009

3 more not listed; retrieve them via the Exa API.

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