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STATE v. GERLAUGH

Nos. 5214, 5216.

135 Ariz. 89 (1983)

659 P.2d 642

STATE of Arizona, Appellee, v. Darrick Leonard GERLAUGH, Appellant.

Supreme Court of Arizona, En Banc.

January 20, 1983.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and David R. Cole, Asst. Attys. Gen., Phoenix, for appellee.

William H. Feldhacker, Phoenix, for appellant.

HAYS, Justice.

It has come to our attention that in our opinion filed October 19, 1982, 134 Ariz. 164, 654 P.2d 800, we failed to set forth our independent review of the evidence regarding aggravating and mitigating circumstances. None of the issues raised by counsel on appeal concerned the penalty imposed but we, nevertheless, have an obligation to examine the aggravating and mitigating circumstances...

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