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210 Ariz. 212

109 P.3d 107

State v. Cleere

Court of Appeals of Arizona

Decided April 1, 2005

Court of Appeals of Arizona · decided 2005-04-01

Cited by 4 later decisions — most recently February 2006

4 state decisions

Relies on State v. Resendis-Felix

Good law ✅— No negative treatment on recordhow we know

Decided 2005-04-01

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FLÓREZ, Presiding Judge,

¶1specially concurring.

¶2¶ 18 I specially concur because, although I agree this matter must be remanded for resentencing, I do not subscribe to the foregoing reasoning concerning the type of error here. Rather, I agree with Judge Ecker-strom’s special concurrence in State v. Re-sendis-Felix, 209 Ariz. 292, 100 P.3d 457 (App.2004), that any Blakely error such as occurred here is structural, not subject to harmless error review.

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