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STATE v. MARTINEZ

No. 1 CA-CR 99-0293.

6 P.3d 310 (2000)

198 Ariz. 5

STATE of Arizona, Appellee, v. Alphonso Rodriguez MARTINEZ, Appellant.

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

June 8, 2000.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General, by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Greg McCarthy, Assistant Attorney General, Phoenix, Attorneys for Appellee.

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

OPINION

PATTERSON, Judge.

¶ 1 Alphonso Rodriguez Martinez (Defendant) appeals from his convictions for child molestation, aggravated assault, and sexual conduct with a minor. Defendant's appeal concerns Rule 18.5(h), Arizona Rules of Criminal Procedure, which permits the substitution of an alternate juror when a deliberating juror is excused due to inability to perform, or disqualification from, his or her required duties. For the reasons that follow...

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