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STATE v. GARCIA

No. 2 CA-CR 2007-0156.

202 P.3d 514 (2008)

The STATE of Arizona, Appellee, v. Robert Carlos GARCIA, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

Review Denied February 10, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani and Laura P. Chiasson, Tucson, Attorneys for Appellee.

Isabel G. Garcia, Pima County Legal Defender By Robb P. Holmes, Tucson, Attorneys for Appellant.

OPINION

BRAMMER, Judge.

¶ 1 Following a jury trial, Robert C. Garcia was convicted of second-degree murder. The trial court sentenced him to a partially mitigated, thirteen-year prison term. On appeal, he contends the court committed fundamental error in instructing the jury.

¶ 2 The facts of the crime are not relevant to the issue on appeal. The trial court instructed the jury on the elements of first- and second-degree murder and...

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