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STATE v. DIXON

No. CR-08-0025-AP.

250 P.3d 1174 (2011)

STATE of Arizona, Appellee, v. Clarence Wayne DIXON, Appellant.

Supreme Court of Arizona, En Banc.

May 6, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Jeffrey A. Zick, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Bruce Peterson, Office of the Legal Advocate By Consuelo M. Ohanesian, Deputy Legal Advocate, Phoenix, Attorneys for Clarence Wayne Dixon.

OPINION

HURWITZ, Vice Chief Justice.

¶ 1 Clarence Wayne Dixon was convicted of first degree murder and sentenced to death. We have jurisdiction over his automatic appeal under Article VI, Section 5(3) of the Arizona Constitution and A.R.S. §§ 13-4031 and 13-4033(A)(1) (2011).1

I. FACTUAL AND PROCEDURAL BACKGROUND2

¶ 2 On January 6, 1978, Deana Bowdoin,...

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