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STATE v. RODRIGUEZ

No. CR-97-0120-AP.

961 P.2d 1006 (1998)

192 Ariz. 58

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

Supreme Court of Arizona, En Banc.

July 14, 1998.

Attorney(s) appearing for the Case

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

David Alan Darby, Tucson, for Appellant.

OPINION

McGREGOR, Justice.

¶ 1 Defendant Toribio Rodriguez appeals his conviction and death sentence for first-degree murder, and his convictions and sentences for two counts of sexual assault and one count of first-degree burglary.1 We review this case on direct, automatic appeal pursuant to Arizona Revised Statutes (A.R.S.) section 13-4031. For the following reasons, we reverse on all counts and remand for retrial.

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