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STATE v. GARCIA

No. 1 CA-CR 9785-PR.

152 Ariz. 245 (1986)

731 P.2d 610

STATE of Arizona, Respondent, v. Raymond Rios GARCIA, Petitioner.

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

Review Denied January 22, 1987.

Attorney(s) appearing for the Case

Thomas E. Collins, Maricopa Co. Atty. by Sydney Davis, Deputy Co. Atty., Phoenix, for respondent.

Ross P. Lee, Maricopa Co. Public Defender by Charles R. Krull, Deputy Public Defender, Phoenix, for petitioner.

OPINION

PAUL G. ULRICH, Judge Pro Tem.

The central question presented for our determination is whether our supreme court's decision in State v. Hunter, 142 Ariz. 88, 688 P.2d 980 (1984), holding instruction of a jury pursuant to Recommended Arizona Jury Instruction 4.01 is fundamental error, is to be given fully retroactive effect. We hold that full retroactivity is required, and...

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