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STATE v. VARGAS

No. CR-19-0071-PR.

468 P.3d 739 (2020)

STATE of Arizona, Appellee, v. Luis Armando VARGAS, Appellant.

Supreme Court of Arizona.

Filed July 31, 2020.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Joseph T. Maziarz (argued), Chief Counsel, Criminal Appeals Section, Michael T. O'Toole , Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Joel Feinman , Pima County Public Defender, Erin K. Sutherland (argued), Deputy Public Defender, Tucson, Attorneys for Luis Armando Vargas.

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

¶1 A defendant presenting an appellate claim of fundamental error due to prosecutorial misconduct may base his claim on a single alleged instance of misconduct or he may allege that multiple instances occurred, which cumulatively amount to fundamental error. In either case, the defendant must establish...

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