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MONTGOMERY v. SHELDON

Nos. CV-94-0008-PR, CV-94-0159-PR.

182 Ariz. 118 (1995)

893 P.2d 1281

Jackie MONTGOMERY, Petitioner, v. Honorable Steven D. SHELDON, Judge, Maricopa County Superior Court, State of Arizona, Respondent Judge, STATE of Arizona, Real Party in Interest. Joe David CAMPBELL, Petitioner, v. Honorable Michael J. O'MELIA, Judge, Maricopa County Superior Court, State of Arizona, Respondent Judge, STATE of Arizona, Real Party in Interest.

Supreme Court of Arizona, En Banc.

April 4, 1995.

Attorney(s) appearing for the Case

Dean W. Trebesch, Maricopa County Public Defender by James H. Kemper, Phoenix, for petitioner.

Richard M. Romley, Maricopa County Atty. by Gerald R. Grant, Arthur G. Hazelton, Diane E.W. Gunnels, Phoenix, for real party in interest.

Grant Woods, Atty. Gen. by Paul J. McMurdie, Randall H. Howe, Phoenix, for amicus curiae.

FELDMAN, Chief Justice.

The state has filed a Motion for Clarification. Ariz.R.Crim.P. 31.18(b). Because the motion and the responses indicate that the opinion may be misconstrued, we grant the motion and clarify the points raised.

First, the state questions requiring the court of appeals to search the record for fundamental error. This, the state alleges, conflicts with Ariz.R.Crim.P. 32.9(c)(1)(ii), which supposedly precludes analysis of issues not presented...

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