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STATE v. OSORIO

No. 1 CA-CR 94-0736.

187 Ariz. 579 (1996)

931 P.2d 1089

STATE of Arizona, Appellee, v. Robert OSORIO, Appellant.

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

Review Granted February 26, 1997.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Toni Marie Valadez, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, for Appellant.

OPINION

GARBARINO, Judge.

Robert Osorio (defendant) appeals his conviction and sentence for armed robbery. On appeal, he contends that his photographic lineup was unduly suggestive thereby tainting the in-court identification and that the trial court erred by failing to give the Dessureault instruction that he had requested. See State v. Dessureault, 104 Ariz. 380, 453 P.2d 951

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