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STATE v. HENDERSON

No. 1 CA-CR 03-0920.

100 P.3d 911 (2004)

209 Ariz. 300

STATE of Arizona, Appellee, v. Robert Allen HENDERSON, Appellant.

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

As Corrected November 19, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Nicholas D. Acedo, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Edward F. McGee, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge and Thompson, Presiding Judge.

¶ 1 We address in this opinion one of the issues presented by the United States Supreme Court's recent decision in Blakely v. Washington, ___ U.S. ___, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004). Specifically, we hold that the failure to submit aggravating factors to a jury pursuant to Blakely is not structural error requiring automatic reversal. Rather, we determine that Blakely...

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