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STATE v. CRUZ

No. CR-89-0093-AP.

175 Ariz. 395 (1993)

857 P.2d 1249

STATE of Arizona, Appellee, v. Robert Charles CRUZ, Appellant.

Supreme Court of Arizona, En Banc.

July 29, 1993.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Gerald R. Grant, Deputy County Atty., Phoenix, for appellee.

McNally and Robinson by Kevin McNally, Gail Robinson, Frankfort, KY, and Denise I. Young, Arizona Capital Representation Project, Tempe, for appellant.

OPINION

MOELLER, Vice Chief Justice.

STATEMENT OF THE CASE

On New Year's Eve, 1980, three men broke into the Redmond residence in Phoenix and murdered Patrick Redmond and his mother-in-law, Helen Phelps.1 They also attempted to murder Patrick Redmond's wife, Marilyn, but she survived. Ultimately, the defendant, Robert Charles Cruz, who was not one of the three men who entered the Redmond residence...

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