State v. Martinez
In State v. Martinez, 218 Ariz. 421, 426,15, 189 P.3d 348 (2008), the burden rests with defendant to establish "both that fundamental error exists and that the error in his case caused him prejudice." Id. at 426-27,16. When a defendant properly raises a misconduct claim before the trial court, we will reverse a conviction on appeal only if:
(1) misconduct is indeed present, and;
(2) a reasonable likelihood exists that the misconduct could have affected the jury's verdict, thereby depriving the defendant of a fair trial. Id. at 426,15.