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STATE v. GUNCHES

No. CR-08-0038-AP.

234 P.3d 590 (2010)

STATE of Arizona, Appellee, v. Aaron Brian GUNCHES, Appellant.

Supreme Court of Arizona, En Banc.

June 16, 2010.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Phoenix, Jonathan Bass, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Maricopa County Legal Defender's Office by Brent E. Graham, Legal Defender, Phoenix, Attorney for Aaron Brian Gunches.

OPINION

BALES, Justice.

¶ 1 Aaron Brian Gunches pleaded guilty to kidnapping and first degree murder and was sentenced to death for the murder. We have jurisdiction over this mandatory appeal under Article 6, Section 5(3) of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") sections 13-4031 and 13-4033(A)(1) (2010).

FACTUAL AND PROCEDURAL BACKGROUND1

¶ 2 In November 2002, Ted...

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