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STATE v. GOMEZ

No. CR-09-0339-PR.

244 P.3d 1163 (2010)

STATE of Arizona, Appellee, v. Joseph Wesley GOMEZ, Appellant.

Supreme Court of Arizona, En Banc.

December 22, 2010.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Julie A. Done, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Bruce F. Peterson, Office of the Legal Advocate By Frances J. Gray, Deputy Legal Advocate, Phoenix, Attorneys for Joseph Wesley Gomez.

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 The issue before us is whether the Confrontation Clause of the Sixth Amendment to the United States Constitution is violated when a testifying expert offers an opinion on the similarity of DNA profiles prepared by technicians who did not testify. We conclude that the expert's testimony did not contravene the Confrontation Clause.

I.

¶ 2 In 2006, Joseph Wesley Gomez was arrested and charged...

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