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STATE v. BOGAN

No. 1 CA-CR 93-0453.

183 Ariz. 506 (1995)

905 P.2d 515

STATE of Arizona, Appellee, v. Mark Alan BOGAN, Appellant.

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

As Corrected April 13, 1995.

Review Granted November 21, 1995.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel Criminal Appeals Section, Galen H. Wilkes, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by James H. Kemper, Deputy Public Defender, Phoenix, for appellant.

OPINION

McGREGOR, Judge.

Mark Alan Bogan (appellant) seeks to reverse his conviction and sentence for murder in the first degree under Arizona Revised Statutes Annotated ("A.R.S.") section 13-1105.A.1. The primary issue on appeal is whether the trial judge erred in permitting expert testimony that deoxyribonucleic acid (DNA) test results indicated that two palo verde pods found in appellant's truck "matched" a palo verde tree growing at the crime scene....

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