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STATE v. PARKS

No. 1 CA-CR 03-0573.

116 P.3d 631 (2005)

STATE of Arizona, Appellee, v. David Patrick PARKS, Appellant.

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

August 4, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section, Phoenix, Attorneys for Appellee.

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

OPINION

NORRIS, Judge.

¶ 1 David Patrick Parks was convicted of manslaughter in the shooting death of Neal Pluguez. Parks' son, Cory, witnessed the shooting. Cory died in an automobile accident before trial. Over objection, the trial court allowed the State to introduce into evidence at trial statements made by Cory to a sheriff's deputy at the crime scene under the "excited utterance" exception to the hearsay rule.

¶ 2 The dispositive...

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