No. CR-96-0515-PR.

188 Ariz. 386 (1997)

936 P.2d 1280

STATE of Arizona, Appellee, v. Pedro NORIEGA, Jr., Appellant.

Supreme Court of Arizona.

April 30, 1997.


It appearing to the Court that the grant of review in this case was improvident,

IT IS ORDERED that the order granting review is vacated.

IT IS FURTHER ORDERED that the petition for review is dismissed.

Justice Martone dissents from the order dismissing this case on the following grounds: (1) under Arizona law, a mere presence instruction is never required because it is always implicit in the charge, and (2) in those close cases in...

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