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STATE v. GOMEZ

No. CR-10-0358-AP.

293 P.3d 495 (2012)

STATE of Arizona, Appellee/Cross-Appellant, v. Fabio Evelio GOMEZ, Appellant.

Supreme Court of Arizona, En Banc.

December 7, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General By Kent E. Cattani, Division Chief Counsel, Jeffrey A. Zick, Section Chief Counsel, Capital Litigation Section, Phoenix, Laura Chiasson, Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Michael J. Dew, Attorney at Law By Michael J. Dew, Phoenix, Attorney for Fabio Evelio Gomez.

OPINION

BALES, Vice Chief Justice.

¶ 1 This automatic appeal concerns Fabio Evelio Gomez's 2010 death sentence for murdering Joan Morane. We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. §§ 13-4031, -4032, and -4033(A) (2011).

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Joan lived in an apartment complex where Gomez also lived with his girlfriend and infant son. In December 1999, a friend...

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