State v. Arvizu

OPINION

BIRDSALL, Judge.

The appellant was convicted of burglary and theft from the Montgomery Ward Auto Center in Tucson. His appeal presents only two issues: (1) Should the auto stereo parts taken from the store and found in the trunk of “his” car have been suppressed, and (2) should the tape of the statement he gave the police have been admitted?

*403The latter issue has a somewhat different twist since the appellant sought to have the exhibit admitted and the trial court granted the state’s motion to exclude it. We hold that ruling requires reversal.

The facts are rather straightforward. The…