State v. Sullivan

OPINION

BARKER, Judge.

¶ 1 We determine in this case that the failure to give a reasonable doubt instruction in the manner prescribed in State v. Portillo, 182 Ariz. 592, 898 P.2d 970 (1995), is error but that it is not structural error and remains subject to a harmless error analysis.

Background

¶ 2 Appellant Michael Sullivan was charged with and convicted on one count of forgery, a class 4 felony. On August 2, 2001, appellant presented a check in the amount of $895 to a teller at the Bank of America located at 35th Avenue and Peoria. The check identified appellant as the payee and he presented…