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STATE v. FISH

No. 1 CA-CR 06-0675.

213 P.3d 258 (2009)

STATE of Arizona, Appellee, v. Harold Arthur FISH, Appellant.

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

June 30, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Law Office of Lee Phillips, P.C. by Lee Phillips, Flagstaff, Attorney for Appellant.

Law Office of John Trebon, P.C. by John Trebon, Flagstaff, Attorney for Appellant.

OPINION

KESSLER, Presiding Judge.

¶ 1 Harold Arthur Fish ("Defendant") appeals his conviction and sentence for second degree murder. He challenges various evidentiary rulings made by the superior court, contends two instances of juror misconduct entitle him to a new trial and raises six issues related to the final jury instructions. For the reasons stated below and in our separate memorandum decision, we reverse and remand for a new trial.

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