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STATE v. CHURCH

No. 1 CA-CR 91-1257.

175 Ariz. 104 (1993)

854 P.2d 137

STATE of Arizona, Appellee, v. John William CHURCH, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

Redesignated as Opinion and Publication Ordered May 11, 1993.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Randall M. Howe, Asst. Atty. Gen., Phoenix, for appellee.

Neal Bassett, Phoenix, for appellant.

OPINION

TOCI, Presiding Judge.

A jury convicted defendant of one count of aggravated driving with a suspended license while under the influence of intoxicating liquor. In this appeal, he raises two errors not objected to below. First, he argues a comment by the prosecutor in closing argument affirming defendant's right not to testify violates both the constitutional and statutory bans on comment on a defendant...

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