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STATE v. SULLIVAN

No. 1 CA-CR 02-0115.

69 P.3d 1006 (2003)

205 Ariz. 285

STATE of Arizona, Appellee, v. Michael Paul SULLIVAN, Appellant.

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

May 29, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Consuelo M. Ohanesian, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Paul J. Prato, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BARKER, Judge.

¶ 1 We determine in this case that the failure to give a reasonable doubt instruction in the manner prescribed in State v. Portillo, 182 Ariz. 592, 898 P.2d 970 (1995), is error but that it is not structural error and remains subject to a harmless error analysis.

Background

¶ 2 Appellant Michael Sullivan was charged with...

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