State v. Romanosky

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

At trial, the state’s theory was that defendant and two accomplices robbed the victim and his wife in their Phoenix motel room. During the course of the robbery, the victim was shot and killed. At his first trial, defendant was convicted of first degree murder, armed robbery, and aggravat*119ed assault. Because of evidentiary errors, we reversed and remanded for a new trial. State v. Romanosky, 162 Ariz. 217, 782 P.2d 693 (1989). The evidence is summarized in the earlier opinion and need not be restated here. At his second trial, the trial…