[Download] "State v. Diaz" by Arizona Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: State v. Diaz
- Author : Arizona Court of Appeals
- Release Date : January 02, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
Appellant first complains that he was denied his right to be present at the voluntariness hearing. The record shows that his attorney waived appellants right to be present. Although he was not present on the first day of the hearing, he was present on the second. In addition, it was understood that the states witnesses who testified the first day would be available for appellants cross-examination on the second day, and appellant did cross-examine one detective on the second day. Had he wished to cross-examine the other officer on the second day, he could have. Assuming, arguendo, that his absence on the first day of the hearing was fundamental error, it was harmless beyond a reasonable doubt. See State v. Anderson, 110 Ariz. 238, 517 P.2d 508 (1973). The record belies any contention that appellant was prejudiced by the procedure, since there was no showing that the determination of the admissibility of appellants statements to Officer Moreno would have been affected by appellants presence on the first day of the hearing.