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STATE v. VALENCIA

No. 3989-3.

132 Ariz. 248 (1982)

645 P.2d 239

STATE of Arizona, Appellee, v. Frank James VALENCIA, Appellant.

Supreme Court of Arizona, In Banc.

Rehearing Denied May 25, 1982.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Barbara A. Jarrett, Asst. Attys. Gen., Phoenix, for appellee.

Thomas G. Martin, Tucson, for appellant.

CAMERON, Justice.

On 17 July 1980, defendant Frank James Valencia was resentenced to death pursuant to A.R.S. § 13-703. Defendant appeals this sentence. We have jurisdiction pursuant to A.R.S. § 13-4031.

We must answer two questions on appeal:

1. Must the matter be returned for retrial because the sentencing judge was not the same judge who tried the matter as required by A.R.S. § 13-703(B)?

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