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STATE v. ARMSTRONG

No. CR-00-0595-AP.

93 P.3d 1076 (2004)

208 Ariz. 360

STATE of Arizona, Appellee, v. Shad Daniel ARMSTRONG, Appellant.

Supreme Court of Arizona.

July 15, 2004.

Attorney(s) appearing for the Case

Janet A. Napolitano, Former Arizona Attorney General, Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section and Robert L. Ellman, Assistant Attorney General, James P. Beene, Assistant Attorney General, John P. Todd, Assistant Attorney General, Phoenix, Bruce M. Ferg, Assistant Attorney General, Donna J. Lam, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Law Offices of Harriette P. Levitt by Harriette P. Levitt, Tucson, Attorney for Shad Daniel Armstrong.

SUPPLEMENTAL OPINION

BERCH, Justice.

¶ 1 Shad Daniel Armstrong was sentenced to death under a procedure found unconstitutional in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II). In Ring II, the United States Supreme Court held that Arizona's capital sentencing scheme violated the defendant's Sixth Amendment right to a jury trial. Id. at 609, 122 S.Ct. at 2443...

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