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STATE v. LEHR

No. CR-97-0317-AP.

67 P.3d 703 (2003)

205 Ariz. 107

STATE of Arizona, Appellee, v. Scott Alan LEHR, Appellant.

Supreme Court of Arizona.

April 30, 2003.

Attorney(s) appearing for the Case

Janet A. Napolitano, Arizona Attorney General, by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, and Robert L. Ellman, Assistant Attorney General James P. Beene, Assistant Attorney General, John P. Todd, Assistant Attorney General, Bruce M. Ferg, Assistant Attorney General, Tucson, Attorneys for Appellee.

Stephen M. Johnson, Phoenix, Attorney for Appellant.

SUPPLEMENTAL OPINION

RYAN, Justice.

¶ 1 The sole issue before us is whether reversible error occurred when a trial judge sentenced Scott Alan Lehr to death under a procedure that the Supreme Court held unconstitutional in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II). Based on our review of the record, we cannot conclude that the error in this case was harmless.

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