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STATE v. SANCHEZ

Nos. 2 CA-CR 89-0100, 2 CA-CR 89-0103, 2 CA-CR 89-0113 and 2 CA-CR 89-0120.

165 Ariz. 164 (1990)

797 P.2d 703

The STATE of Arizona, Appellee, v. Jose D. SANCHEZ, Alexander Sanchez, Jose Arturo Portillo, and Deric Scott Stuck, Appellants.

Court of Appeals of Arizona, Division 2.

As Corrected March 27 and April 23, 1990.

Petition and Cross Petitions for Review Denied October 2, 1990.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., Phoenix by Eric J. Olsson, Tucson, for appellee.

LaBarge and Holmes by Emery K. LaBarge, Tucson, for appellant Jose D. Sanchez.

Baker Sipe, Campoy and Newman by Barry J. Baker Sipe, Tucson, for appellant Alexander Sanchez.

James S. Alexander, Tucson, for appellant Jose Arturo Portillo.

Harriette P. Levitt, Tucson, for appellant Deric Scott Stuck.

OPINION

HOWARD, Judge.

Appellants were convicted by a jury of murder in the second degree pursuant to A.R.S. §§ 13-1104 and 13-710(A) and subsequently sentenced to a mitigated term of 12 years' imprisonment. For the reasons following, we affirm the convictions of appellants Alex Sanchez and Deric Stuck and remand the cases of appellants Jose Sanchez and Jose Arturo Portillo for a determination of voluntariness of their confessions.

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