Montgomery v. Sheldon

FELDMAN, Chief Justice.

The state has filed a Motion for Clarification. Ariz.R.Crim.P. 31.18(b). Because the motion and the responses indicate that the opinion may be misconstrued, we grant the motion and clarify the points raised.

First, the state questions requiring the court of appeals to search the record for fundamental error. This, the state alleges, conflicts with Ariz.R.Crim.P. 32.9(c)(l)(ii), which supposedly precludes analysis of issues not presented in the petition for review. Second, the state fears that if a search for fundamental error is required, the opinion could be read as…