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STATE v. ANDRIANO

No. CR-05-0005-AP.

161 P.3d 540 (2007)

STATE of Arizona, Appellee, v. Wendi Elizabeth ANDRIANO, Appellant.

Supreme Court of Arizona, En Banc.

July 9, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, Robert J. Gorman, Jr., Assistant Attorney General, Tucson, Attorneys for State of Arizona.

James J. Haas, Maricopa County Public Defender by Brent E. Graham, Margaret M. Green, Deputy Public Defenders, Phoenix, Attorneys for Wendi Elizabeth Andriano.

OPINION

BERCH, Vice Chief Justice.

¶ 1 In 2004, Wendi Andriano was found guilty of one count of first degree murder and sentenced to death. This automatic appeal followed. We have jurisdiction pursuant to Article 6, Section 5(3), of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2001).

I. FACTS1 AND PROCEDURAL BACKGROUND

¶ 2 Wendi Andriano, her terminally...

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