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STATE v. NORDSTROM

No. CR-98-0278-AP.

25 P.3d 717 (2001)

200 Ariz. 229

STATE of Arizona, Appellee, v. Scott Douglas NORDSTROM, Appellant.

Supreme Court of Arizona, En Banc.

June 21, 2001.

Attorney(s) appearing for the Case

Janet Napolitano, The Attorney General, by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, and Bruce M. Ferg, Assistant Attorney General, Tucson, Attorneys for the State of Arizona.

Law Office of David Alan Darby, by David Alan Darby, Tucson, Attorneys for Nordstrom.

OPINION

McGREGOR, Justice.

I. FACTS AND PROCEDURAL HISTORY

A. Moon Smoke Shop

¶ 1 On May 30, 1996, shortly after six p.m., four employees were working at the Moon Smoke Shop in Tucson, Arizona. Noel Engles and Steven Vetter stood behind a counter, facing away from the front door, training a new employee, Mark Naiman. The fourth employee, Thomas Hardman, sat in a chair near the back of the store's main room. The employees heard a...

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