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STATE v. RIVERA

No. 5953-PR.

139 Ariz. 409 (1984)

678 P.2d 1373

STATE of Arizona, Appellee/Cross Appellant, v. Margarito Morales RIVERA, Appellant/Cross Appellee.

Supreme Court of Arizona, En Banc.

Reconsideration Denied April 3, 1984.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, Gerald R. Grant, Asst. Attys. Gen., Phoenix, for appellee/cross-appellant.

Frederic J. Dardis, Pima County Public Defender by Frank P. Leto, Deputy Public Defender, Tucson, for appellant/cross appellee.

FELDMAN, Justice.

Margarito Morales Rivera (appellant) petitions for review of his conviction of a violation of A.R.S. § 13-1410 (child molestation). We granted review to consider the admissibility of a statement by the 3 year old victim, accusing her grandfather (appellant) of having fondled her. The statement was admitted under the hearsay exception for excited or spontaneous utterances. We have jurisdiction under A.R.S. § 12-120.24 and Rule 31.19, Rules...

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