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STATE v. MONTANO

No. CR-99-0439-AP.

77 P.3d 1246 (2003)

206 Ariz. 296

STATE of Arizona, Appellee, v. Danny N. MONTANO, Appellant.

Supreme Court of Arizona.

October 21, 2003.

Attorney(s) appearing for the Case

Janet Napolitano, Former Attorney General, Terry Goddard, Attorney General, Phoenix, by Kent E. Cattani, Chief Counsel, Capital Litigation Section and Robert L. Ellman, James P. Beene, John P. Todd and Bruce M. Ferg, Assistant Attorneys General, Tucson, Attorneys for the State of Arizona.

Law Office of Carla G. Ryan, by Carla G. Ryan, Tucson, Attorney for Danny N. Montano.

SUPPLEMENTAL OPINION

McGREGOR, Vice Chief Justice.

¶ 1 The only issue before us is whether reversible error occurred when a trial judge sentenced Danny N. Montano to death under a procedure that violated the right to a jury trial under the Sixth Amendment to the United States Constitution. See Ring v. Arizona, 536 U.S. 584, 609, 122 S.Ct. 2428, 2443, 153 L.Ed.2d 556 (2002) (Ring II). We have jurisdiction...

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