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P.M. v. GOULD

No. 1 CA-SA 05-0207.

136 P.3d 223 (2006)

212 Ariz. 541

P.M., Petitioner, v. The Honorable Andrew GOULD, Judge of the Superior Court of the State of Arizona, in and for the County of Yuma, Respondent Judge, Charles Frederick Moore; State of Arizona ex rel. Jon R. Smith, Yuma County Attorney, Real Parties in Interest.

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

May 23, 2006.

Attorney(s) appearing for the Case

Crime Victim's Legal Assistance Project By Keli B. Luther and William Montgomery, Tempe, Attorneys for Petitioner.

Kristi A. Riggins, Payson, Attorney for Charles Frederick Moore.

Jon R. Smith, Yuma County Attorney By Stephen Kiholm, Deputy County Attorney, Yuma, for Real Parties in Interest.

OPINION

IRVINE, Presiding Judge.

¶ 1 This special action presents the following issue: whether the State's interest in securing an aggravated punishment at a sentencing hearing and the defendant's due process rights justify the trial court's order to disclose the victim's privileged communications with a counselor. For the reasons discussed below, the trial court should reconsider the competing interests in this case in light of State v. Martinez...

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