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STATE v. SAINZ

No. 1 CA-CR 94-0681.

186 Ariz. 470 (1996)

924 P.2d 474

STATE of Arizona, Appellee, v. Oscar Daniel SAINZ, Appellant.

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

Review Denied September 24, 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.

Dean W. Trebesch, Maricopa County Public Defender by Carol A. Carrigan, Deputy Public Defender, Phoenix, for Appellant.

OPINION

VOSS, Judge.

Oscar D. Sainz (defendant) appeals his conviction of second degree murder, a class 1 felony. Defendant was sentenced to a mitigated term of thirteen years incarceration. We affirm the conviction and sentence as modified.

BACKGROUND

Between 1:00 and 2:00 a.m. on January 23, 1993, a group of gang members harassed defendant while he used a pay phone at a convenience...

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