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STATE v. LAMAR

No. CR-01-0270-AP.

115 P.3d 611 (2005)

STATE of Arizona, Appellee, v. Christopher George Theodore LAMAR, Appellant.

Supreme Court of Arizona.

July 8, 2005.

Attorney(s) appearing for the Case

Janet Napolitano, former Arizona Attorney General, Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Robert L. Ellman, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

Susan M. Sherwin, Maricopa County, Office of the Legal Advocate by Tennie B. Martin, Formerly with Maricopa Office of Legal Advocate, Brent E. Graham, Formerly with Maricopa County Office of Legal Advocate, Thomas J. Dennis, Deputy Legal Advocate, Phoenix, Attorneys for Christopher George Theodore Lamar.

SUPPLEMENTAL OPINION

McGREGOR, Chief Justice.

¶ 1 The primary issue before us is whether reversible error occurred when a trial judge sentenced Christopher George Theodore Lamar to death under a procedure that violated Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II). In addition, we must determine whether the imposition of an aggravated sentence for Lamar's kidnapping conviction...

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