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STATE v. RHODES

No. 1 CA-CR 06-0845.

200 P.3d 973 (2008)

STATE of Arizona, Appellant, v. Steven Lynn RHODES, Appellee.

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

April 3, 2008.

Attorney(s) appearing for the Case

Andrew P. Thomas, Maricopa County Attorney, by Lisa M. Martin, Deputy County Attorney, Phoenix, Attorneys for Appellant.

Debus, Kazan & Westerhausen Ltd., by Tracey Westerhausen, Phoenix, Attorneys for Appellee.

OPINION

PORTLEY, Judge.

¶ 1 We are asked to determine whether the superior court erred when it granted a new trial to Steven Lynn Rhodes ("Defendant") after his conviction for sexual conduct with a minor. For the reasons that follow, we affirm the grant of a new trial.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Defendant was convicted of oral sexual contact with a nine-year-old girl, at his sister-in-law's home after a family Halloween...

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