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STATE v. FELL

No. 2 CA-SA 2004-0057.

97 P.3d 902 (2004)

209 Ariz. 77

The STATE of Arizona, Petitioner, v. Hon. Howard FELL, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent, and Edward John SANDERS, Real Party in Interest.

Court of Appeals of Arizona, Division 2, Department B.

September 23, 2004.

Attorney(s) appearing for the Case

Barbara LaWall, Pima County Attorney, By Amy Pignatella Cain and Elizabeth Hurley, Tucson, for Petitioner.

Higgins & Higgins, P.C., By Harold L. Higgins, Jr., Tucson, for Real Party in Interest.

OPINION

ESPINOSA, J.

¶ 1 A jury found real party in interest Edward John Sanders guilty of sexual assault, sexual abuse, kidnapping, second-degree burglary, and first-degree murder. Because petitioner State of Arizona had withdrawn its previously filed notice of intent to seek the death penalty, the remaining sentencing options were a natural life prison term or a life term with the possibility of parole after twenty-five years. See A...

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