State v. Rosas-Hernandez

OPINION

BARKER, Judge.

¶ 1 This case raises an issue of first impression in Arizona: Does an individual who pleads guilty and has been sentenced retain the Fifth Amendment right to refuse to testify during the time period in which the individual may file an initial petition for post- conviction relief? Arnulfo Rosas-Hernandez (“defendant”) contends the trial court erred in allowing his alleged co-participant to invoke his Fifth Amendment right and refuse to testify at trial. Defendant also claims error based on the prosecutor’s statements in closing argument and the trial court’s refusal to…