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STATE v. HARRISON

No. CR-98-0381-PR.

985 P.2d 486 (1999)

195 Ariz. 1

STATE of Arizona, Appellee, v. Elbert HARRISON, Jr., Appellant.

Supreme Court of Arizona, En Banc.

June 18, 1999.

Attorney(s) appearing for the Case

Janet A. Napolitano, Arizona Attorney General, Phoenix By: Paul J. McMurdie, Diane M. Ramsey, Colleen L. French, Attorneys for the State of Arizona.

Dean W. Trebesch, Maricopa County Public Defender, Phoenix By: Terry J. Adams, Attorneys for Elbert Harrison, Jr.

OPINION

FELDMAN, Justice.

¶ 1 Division One of the court of appeals remanded this case for resentencing, holding that the trial judge failed to comply with A.R.S. § 13-702(B), which requires the judge to state "on the record at the time of sentencing" the reasons for not imposing the presumptive sentence. The court held that because the error was structural, a harmless error analysis could not be applied. State v. Harrison, ___ Ariz. ___...

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