OPINION
OGG, Chief Judge.
In this appeal we must determine if there was a submission tantamount to a guilty plea when the defendant waived the jury and rested his case without presenting any evidence after the state's principal witness had testified in the jury trial.
The facts are clear and undisputed. Delbert Ayers, a Phoenix police officer, was assigned to a stakeout of a Revco drugstore. The defendant with a companion entered the drugstore and...
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