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STATE v. GOMEZ

No. CR-19-0292-PR.

482 P.3d 397 (2021)

STATE of Arizona, Appellee, v. Chris Thomas GOMEZ, Appellant.

Supreme Court of Arizona.

Filed March 9, 2021.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden III , Solicitor General, Linley Wilson , Chief Counsel, Phoenix, Kathryn A. Damstra (argued), Assistant Attorney, Criminal Appeals Section, Tucson, Attorneys for State of Arizona.

Richard C. Bock , Law Office of Richard C. Bock, Harley D. Kurlander (argued), Law Office of Harley Kurlander, Tucson, Attorneys for Appellant.

Daniel A. Arellano , Ballard Spahr, LLP, Phoenix, Yalda Godusi , Lewis Roca Rothgerber & Christie, LLP, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

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

¶1 Defendant Chris Gomez was convicted of sexual assault. The court of appeals reversed the conviction on the ground that DNA evidence was improperly admitted because it was insufficient to identify anyone and was therefore unfairly prejudicial. As the evidence was not used to establish identity but to...

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