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STATE v. GALLARDO

No. CR-09-0171-AP.

242 P.3d 159 (2010)

STATE of Arizona, Appellee, v. Mike Peter GALLARDO, Appellant.

Supreme Court of Arizona, En Banc.

November 30, 2010.

Attorney(s) appearing for the Case

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

Droban & Company, PC by Kerrie M. Droban, Anthem, Attorneys for Mike Peter Gallardo.

OPINION

BALES, Justice.

¶ 1 This mandatory appeal arises from Mike Peter Gallardo's conviction and death sentence for the murder of Rudy Padilla. We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2010).

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On December 9, 2005, Rudy Padilla was murdered at his parents' home in Phoenix. Padilla's father returned...

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