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STATE v. RUTLEDGE

No. CR-01-0129-AP.

76 P.3d 443 (2003)

206 Ariz. 172

STATE of Arizona, Appellee/Cross-Appellant, v. Sherman Lee RUTLEDGE, Appellant/Cross-Appellee.

Supreme Court of Arizona.

September 16, 2003.

Attorney(s) appearing for the Case

Janet A. Napolitano, Former Arizona Attorney General, Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, and Robert L. Ellman, Assistant Attorney General, James P. Beene, Assistant Attorney General, John Pressley Todd, Assistant Attorney General, Bruce M. Ferg, Assistant Attorney General, Tucson, Attorneys for Appellee.

Robert W. Doyle, Phoenix, Attorney for Appellant.

SUPPLEMENTAL OPINION

RYAN, Justice.

I.

¶ 1 A jury convicted Sherman Lee Rutledge of armed robbery, first degree felony murder of Ryan Harris, and attempted second degree murder of Chase Clayton. Following the jury's verdict, the trial judge conducted a sentencing hearing to determine whether any aggravating and mitigating circumstances existed. The State alleged the existence of three aggravating factors: Rutledge had a previous conviction...

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