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STATE v. ESCOBEDO

No. 1 CA-CR 08-0295.

213 P.3d 689 (2009)

STATE of Arizona, Appellee, v. Xavier Garcia ESCOBEDO, Appellant.

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

August 11, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section and Sarah E. Heckathorne, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Bruce F. Peterson, Office of the Legal Advocate By Consuelo M. Ohanesian, Deputy Legal Advocate, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge.

¶ 1 The question presented in this case is whether the failure to impanel a required twelve-person jury is structural error or trial error. If such an error is structural, automatic reversal is required. State v. Hickman, 205 Ariz. 192, 199 n. 7, ¶ 29, 68 P.3d 418, 425 n. 7 (2003). ("[S]tructural errors require automatic reversal."). If it is trial...

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