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STATE v. FERRERO

No. CR-11-0127-PR.

274 P.3d 509 (2012)

STATE of Arizona, Appellee, v. Patrick M. FERRERO, Appellant.

Supreme Court of Arizona, En Banc.

April 11, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General, by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation, Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

James J. Haas, Maricopa County Public Defender, by Christopher V. Johns, Deputy Public Defender, Phoenix, Attorneys for Patrick Michael Ferrero.

OPINION

BERCH, Chief Justice.

¶ 1 The issue in this case is whether, in a prosecution for sexual offenses, evidence of similar sexual conduct with the same minor victim is "intrinsic evidence" that is not governed by Arizona Rule of Evidence 404(c). We also consider whether the type of evidence described in State v. Garner, 116 Ariz. 443, 569 P.2d 1341 (1977), is inherently...

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