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STATE v. MARTIN

No. CR-18-0380-PR.

446 P.3d 806 (2019)

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

Supreme Court of Arizona.

Filed August 9, 2019.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, O.H. Skinner , Solicitor General, Joseph T. Maziarz , Chief Counsel, Criminal Appeals Section, Linley Wilson (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Aaron M. Demke , Mohave County Legal Advocate Attorney, Jill L. Evans (argued), Deputy Legal Advocate Attorney, Kingman, Attorneys for Philip John Martin.

JUSTICE BOLICK authored the opinion of the Court, in which VICE CHIEF JUSTICE BRUTINEL, and JUSTICES TIMMER, GOULD, LOPEZ, BALES (Retired), and PELANDER (Retired) joined. JUSTICE GOULD filed a concurring opinion.

¶1 Philip John Martin was tried for first-degree murder in 2013, but the jury marked the verdict form "[u]nable to agree" on that charge and instead found him guilty of the lesser-included offense of second-degree murder. After successfully appealing that conviction, Martin was retried and convicted of...

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