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STATE v. GOMEZ

No. CR-03-0199-AP.

123 P.3d 1131 (2005)

211 Ariz. 494

STATE of Arizona, Appellee, v. Fabio Evelio GOMEZ, Appellant.

Supreme Court of Arizona, En Banc.

December 6, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Jim D. Nielsen, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

James J. Haas, Maricopa County Public Defender, by Terry J. Adams, Deputy Public Defender, Susan L. Corey, Deputy Public Defender, Phoenix, Attorneys for Fabio Evelio Gomez.

OPINION

HURWITZ, Justice.

¶ 1 Fabio Evelio Gomez was convicted of kidnapping, sexual assault, and first degree murder. Gomez received a death sentence for first degree murder and an automatic notice of appeal was filed pursuant to Arizona Rule of Criminal Procedure 31.2(b). This Court has jurisdiction under Article 6, Section 5(3), of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") 13-4031 (2001).

I.

¶ 2 Joan...

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