No. 2 CA-CR 95-0169.

188 Ariz. 263 (1996)

935 P.2d 841

The STATE of Arizona, Appellee, v. Billy Don SMITH, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Redesignated as Opinion and Publication Ordered September 5, 1996.

Review Denied April 29, 1997.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie and Greg A. McCarthy, Phoenix, for Appellee.

Isabel G. Garcia, Pima County Legal Defender by Scott A. Martin, Tucson, for Appellant.


DRUKE, Chief Judge.

A jury convicted appellant of one count of child abuse and one count of first-degree murder. The charges against appellant arose after his girlfriend's one-year-old daughter, Sedona, lapsed into a coma and died of apparent non-accidental head trauma or "shaken baby syndrome." The trial court sentenced appellant to a presumptive seventeen-year prison term on the child abuse conviction and to life imprisonment on the...

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