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STATE v. BOCHARSKI

No. CR-06-0295-AP.

189 P.3d 403 (2008)

STATE of Arizona, Appellee, v. Phillip Alan BOCHARSKI, Appellant.

Supreme Court of Arizona, En Banc.

August 8, 2008.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Deborah A. Bigbee, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

David Goldberg, Attorney at Law by David Goldberg, Flagstaff, Attorney for Phillip Alan Bocharski.

OPINION

McGREGOR, Chief Justice.

¶ 1 A jury found Phillip Alan Bocharski guilty of first-degree felony murder and burglary in the first degree. A judge subsequently sentenced Bocharski to death. On appeal, this Court affirmed Bocharski's convictions, State v. Bocharski (Bocharski I), 200 Ariz. 50, 63 ¶ 68, 22 P.3d 43, 56 (2001), but reversed the death sentence,...

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