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STATE v. CRUZ

No. CR-05-0163-AP.

181 P.3d 196 (2008)

STATE of Arizona, Appellee, v. John Montenegro CRUZ, Appellant.

Supreme Court of Arizona, En Banc.

April 21, 2008.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Phoenix, Amy Pignatella Cain, Assistant Attorney General, Tucscon, Attorneys for State of Arizona.

Law Office of David Alan Darby by David Alan Darby, Tucson, Attorneys for John Montenegro Cruz.

OPINION

BERCH, Vice Chief Justice.

¶ 1 John Montenegro Cruz was convicted of one count of first degree murder and sentenced to death. This automatic appeal followed. This Court has jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2004).

I. FACTUAL AND PROCEDURAL BACKGROUND1

¶ 2 On May 26, 2003, Tucson Police...

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