State v. Hines

633 P.2d 1384 (Ariz. 1981)

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Nature of the Case

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Facts

Haynie was allegedly sexually assaulted. Haynie accompanied the police to d's home where she identified d as one of the persons who had assaulted her. D was arrested. While being searched, the police found a matchbox containing marijuana in the pocket of his pants. D was tried on charges of kidnapping, sexual assault, and possession of marijuana. D called Susan Robinson, the woman with whom he had been living, to the stand. D was tried on charges of kidnapping, sexual assault and possession of marijuana. The jury found appellant guilty of possession of marijuana, but was unable to reach a verdict as to the other asserted offenses. Robinson testified that she had spent the evening of the alleged assault with D's family. At about 11:15 p.m. that night, D telephoned her at his parents' home, at which time she told him she was ready to leave. He arrived to take her home at about 11:30 p.m., but they did not leave then. D then went to pick up Robinson's brother, Daryl. The appellant returned for Robinson at about 12:00 or 12:30 a.m. As she was leaving the Hines' home, she saw her brothers Daryl and Jimmy sitting in Daryl's car parked alongside the Hines' house. She also saw a young woman in the car but failed to recognize her. Robinson and appellant went to where they were living and retired for the evening. On cross, the prosecutor repeatedly called her attention to a prior interview where Robinson had not related to him anything about the telephone call at 11:15 p.m., the d's initial visit to his parents' home, or the fact that she had seen her brothers in the company of a woman outside the Hines' residence. D was convicted of possession only. D appealed; the attempted impeachment was improper.