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STATE v. GERTZ

No. 1 CA-CR 93-0624.

186 Ariz. 38 (1995)

918 P.2d 1056

STATE of Arizona, Appellee, v. Edward Walter GERTZ, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied March 8, 1996.

Review Denied June 19, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and R. Wayne Ford, Assistant Attorney General, Phoenix, for Appellee.

Craig Mehrens, Phoenix, for Appellant.

OPINION

FIDEL, Presiding Judge.

Edward Walter Gertz ("Defendant") appeals his convictions and sentences for sexual abuse, kidnapping, and fraudulently procuring the administration of a narcotic drug. For reasons that follow, we reverse and remand for a new trial.

I.

In August 1991, Defendant was a cardiologist affiliated with St. Joseph's Hospital in Phoenix when JS, a 16-year-old boy, was admitted to the hospital with an abdominal

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