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STATE v. KEMP

No. CR-93-0332-AP.

185 Ariz. 52 (1996)

912 P.2d 1281

STATE of Arizona, Appellee, v. Thomas Arnold KEMP, Jr., Appellant.

Supreme Court of Arizona, En Banc.

February 29, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Gregory A. McCarthy, Assistant Attorney General, Phoenix, for State.

Susan A. Kettlewell, Pima County Public Defender by Rebecca A. McLean, Kristine Maish, John F. Palumbo, Nancy Follin Jones, Deputy Public Defenders, Tucson, for Thomas Arnold Kemp, Jr.

OPINION

MARTONE, Justice.

Kemp was found guilty of first degree felony murder, armed robbery, and kidnapping. He received a death sentence for the murder and prison terms for the other offenses. Appeal to this court is automatic under Rules 26.15 and 31.2(b), Ariz.R.Crim. P., and direct under A.R.S. § 13-4031. We affirm his convictions and sentences.

I. FACTS AND PROCEDURE

On July 11, 1992, at approximately 11:15 p.m., Hector Juarez awoke...

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