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STATE v. MARTIN

No. 1 CA-CR 16-0551.

424 P.3d 443 (2018)

793 Ariz. Adv. Rep. 17

STATE of Arizona, Appellee, v. Philip John MARTIN, Appellant.

Court of Appeals of Arizona, Division 1.

FILED June 19, 2018.

Attorney(s) appearing for the Case

Arizona Attorney General's Office, Phoenix, By Linley Wilson , Counsel for Appellee.

Mohave County Legal Advocate, Kingman, By Jill L. Evans , Counsel for Appellant.

Presiding Judge James P. Beene delivered the opinion of the Court, in which Judge Randall M. Howe and Judge Kent E. Cattani joined.

OPINION

¶ 1 Philip John Martin ("Martin") was tried for first-degree murder in 2012, but the jury, after marking on the verdict form it was "Unable to agree" on first-degree murder, convicted him of the lesser-included offense of second-degree murder. Following a successful appeal, Martin was retried and convicted of...

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