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STATE v. ESCALANTE

No. CR-17-0251-PR.

425 P.3d 1078 (2018)

799 Ariz. Adv. Rep. 13

STATE of Arizona, Appellee, v. Erick Antonio ESCALANTE, Appellant.

Supreme Court of Arizona.

Filed September 14, 2018.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Eric Knobloch (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Kennedy Klagge , Yavapai County Public Defender, Michelle L. DeWaelsche (argued), Deputy Public Defender, Prescott, Attorneys for Erick Antonio Escalante.

David J. Euchner (argued), Tucson, Attorney for Amici Curiae Arizona Attorneys for Criminal Justice and Pima County Public Defender's Office.

JUSTICE TIMMER authored the opinion of the Court, in which CHIEF JUSTICE BALES, VICE CHIEF JUSTICE BRUTINEL, and JUSTICES PELANDER, BOLICK, GOULD, and LOPEZ joined.

¶ 1 When a defendant fails to object to trial error, he forfeits appellate relief absent a showing of fundamental error. Faced with conflicting decisions, we today clarify what that showing entails. A defendant must demonstrate that the error goes to the foundation of the defendant's case, takes away a...

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