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STATE v. ROSAS-HERNANDEZ

No. 1 CA-CR 01-0153.

42 P.3d 1177 (2002)

202 Ariz. 212

STATE of Arizona, Appellee, v. Arnulfo ROSAS-HERNANDEZ, Appellant.

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

March 28, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Donna J. Lam, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Christopher V. Johns, Deputy Public Defender, Phoenix, Attorneys for Appellant.

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...

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