State v. Duran
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Defendant was charged with four felonies relating to an assault. After Defendant agreed to plead guilty to a lesser charge, he admitted at a change-of-plea hearing that he was an accomplice. Later Defendant denied any involvement. The trial court subsequently rejected the plea agreement. During the trial proceedings, Defendant moved to prevent the State from using statements he made during the change-of-plea hearing. The trial court ruled that the State could impeach Defendant with his statements if he testified inconsistently with them at trial. Defendant did not testify at trial, and the jury found him guilty on all counts. The Supreme Court affirmed, holding (1) the trial court erred in ruling the State could use Defendant's change-of-plea statements to impeach him; but (2) Defendant could not raise the trial court's error on appeal because a defendant must testify to preserve a challenge to a ruling permitting the use of evidence for impeachment.
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