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STATE v. RODRIGUEZ

No. CR-94-0029-AP.

186 Ariz. 240 (1996)

921 P.2d 643

STATE of Arizona, Appellee, v. Toribio RODRIGUEZ, Appellant.

Supreme Court of Arizona, En Banc.

July 2, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Linda L. Knowles, Assistant Attorney General, Phoenix, for Appellee.

Bruner & Bowman, P.C. by Sean H. Bruner, Tucson, for Appellant.

OPINION

MOELLER, Justice.

Defendant Toribio Rodriguez was charged with and convicted of first degree murder, two counts of sexual assault, and burglary. He was sentenced to death on the murder count, 21 years each on the sexual assaults, and 10.5 years on the burglary. The case is before this court on direct, automatic appeal. See Ariz. R.Crim. P. 31.2(b); Ariz. Rev. Stat. Ann. (A.R.S.) §§ 13-4031, 13-4035 (1989).

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