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STATE v. FITZGERALD

No. CR-10-0307-AP.

303 P.3d 519 (2013)

STATE of Arizona, Appellee, v. John Vincent FITZGERALD, Appellant.

Supreme Court of Arizona, En Banc.

May 31, 2013.

Attorney(s) appearing for the Case

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

Bruce F. Peterson, Maricopa County, Office of the Legal Advocate by Kerri L. Chamberlin, Deputy Legal Advocate, Phoenix, Attorney for John Vincent Fitzgerald.

OPINION

PELANDER, Justice.

¶ 1 A jury found John Vincent Fitzgerald guilty of first degree murder and first degree burglary. He was sentenced to death for the murder and to a prison term for the burglary. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031.1

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On April 15, 2005, after...

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