State v. Garrison

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) ) ) ) ) ) ) ) ) STATE OF ARIZONA, Appellee, v. NAKIM GARRISON, Appellant. DIVISION ONE FILED: 02/18/2010 PHILIP G. URRY,CLERK BY: GH 1 CA-CR 07-0838 DEPARTMENT A DECISION ORDER This matter was remanded by the Arizona Supreme Court to this court for reconsideration in light of State v. Soliz, 223 Ariz. 116, 219 P.3d 1045 (2009). This matter has been considered by Presiding Judge Sheldon H. Weisberg, and Judges John C. Gemmill and Daniel A. Barker. We provided the parties an opportunity to file simultaneous briefs on this issue. They have done so, and we have considered the briefs. In our previous memorandum decision in this matter we affirmed the ruling on the motion to suppress but vacated the convictions and sentences and remanded for a new trial because the jury consisted of eight persons rather than twelve. Both parties agree that due to Soliz there is no longer a basis to vacate the convictions and sentences. Accordingly, that portion State v. Garrison 1 CA-CR 07-0838 of our memorandum decision is vacated. Based on Soliz, the convictions and sentences are affirmed. /s/ __________________________________ DANIEL A. BARKER, Judge 2

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