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STATE v. WHITLEY

No. 1 CA-CR 02-0823.

85 P.3d 116 (2004)

207 Ariz. 238

STATE of Arizona, Appellee, v. Eric Glynn WHITLEY, Appellant.

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

February 24, 2004.

Attorney(s) appearing for the Case

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

James J. Haas, Maricopa County Public Defender, By Spencer D. Heffel, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

GARBARINO, Presiding Judge.

¶ 1 The defendant, Eric Glynn Whitley, appeals his conviction and sentence for theft of means of transportation and requests a new trial. For the following reasons, we reverse and remand for a new trial.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 The defendant was charged with and convicted of theft of means of transportation, a class 3 felony. At the close of the trial, the court...

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