State v. Pierson

HAYS, Vice Chief Justice.

David E. Pierson, defendant-appellant, was tried and convicted by a jury on April 14, 1966, of attempted robbery and sentenced to prison. An appeal from that conviction was taken to this court in 1967 and we found the defendant’s contention of reversible error, i. e., comment of prosecutor on failure of defendant to take the stand, to be without merit and affirmed the judgment. State v. Pierson, 102 Ariz. 90, 425 P.2d 115 (1967).

On April 8, 1970, defendant filed in the Maricopa County Superior Court a motion to vacate the previously affirmed judgment with the…