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STATE v. FELL

No. CV-04-0344-PR.

115 P.3d 594 (2005)

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 Judge, Edward John Sanders, Real Party in Interest.

Supreme Court of Arizona, En Banc.

July 8, 2005.

Attorney(s) appearing for the Case

Barbara Lawall, Pima County Attorney, by Amy Pignatella Cain, Deputy County Attorney, Kathleen A. Mayer, Deputy County Attorney, Tucson, Attorneys for State of Arizona.

Higgins & Higgins, P.C., by Harold Higgins, Jr., Tucson, Attorneys for Edward John Sanders.

OPINION

HURWITZ, Justice.

¶ 1 Under Arizona law, if the death penalty is not imposed for first degree murder, the only other possible sentences are life with the possibility of release after a specified period ("life")1 or life with no possibility of eventual release ("natural life"). Ariz.Rev.Stat. ("A.R.S.") § 13-703(A) (Supp.2004). We are called on in this case to decide...

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