STATE v. ORANTEZ

No. CR-95-0060-PR.

183 Ariz. 218 (1995)

902 P.2d 824

The STATE of Arizona, Appellee, v. Gerardo Brito ORANTEZ, Appellant.

Supreme Court of Arizona, En Banc.

September 26, 1995.


Attorney(s) appearing for the Case

Grant Woods, Attorney General By Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Joseph T. Maziarz, Assistant Attorney General, Phoenix, for Appellee.

Isabel G. Garcia de Romo, Pima County Legal Defender By Kathleen C. Dubois, Deputy County Public Defender, Tucson, for Appellant.


OPINION

MOELLER, Vice Chief Justice.

Gerardo Orantez was convicted of kidnapping and sexual assault, and sentenced to nine years in prison. The court of appeals affirmed. We granted review and now reverse because the trial court should have ordered a new trial based on newly discovered evidence. We have jurisdiction pursuant to Arizona Revised Statutes (A.R.S.) §§ 13-4031 (1989) and 13-4033 (Supp. 1994), and Arizona Constitution article VI, 5(3...

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