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STATE v. HENDERSON

No. CR-04-0442-PR.

115 P.3d 601 (2005)

STATE of Arizona, Appellee, v. Robert Allen HENDERSON, Appellant.

Supreme Court of Arizona, En Banc.

July 8, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Nicholas D. Acedo, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

James J. Haas, Maricopa County Public Defender, by Edward F. McGee, Deputy Public Defender, Phoenix, Attorneys for Robert Allen Henderson.

OPINION

McGREGOR, Chief Justice.

¶ 1 We granted review to consider whether a reviewing court should consider a claim based upon Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), under a harmless error or a fundamental error standard when the defendant failed to raise the issue at trial. We hold that such claims should be reviewed for fundamental error.

I.

¶ 2 Robert...

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