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STATE v. ROBERTS

No. 65512-0.

14 P.3d 713 (2000)

142 Wash.2d 471

STATE of Washington, Respondent, v. Michael Kelly ROBERTS, Appellant.

Supreme Court of Washington, En Banc.

Decided December 14, 2000.

As Amended February 2, 2001.

Attorney(s) appearing for the Case

Sheryl McCloud, Mair, Camiel & Kovach, Peter A. Camiel, Seattle, Michael Kelly Roberts, Walla Walla, for Appellant.

Norm Maleng, King County Prosecutor, Lee Davis Yates, Deputy, Brian Martin McDonald, Deputy, Seattle, for Respondent.

Carney, Badley, Smith, Spellman, James Elliot Lobsenz, John B. Mitchell, Professor, Seattle, amicus curiae of behalf of WACDL.

JOHNSON, J.

Appellant Michael Kelly Roberts (Roberts) was tried, convicted, and sentenced to death for the aggravated premeditated first degree murder of Elijio "Eli" Cantu (Cantu). Roberts was also convicted of first degree felony murder. Roberts appeals his convictions and sentence. We affirm Roberts' first degree felony murder conviction, reverse Roberts' first degree aggravated murder conviction, and vacate the sentence...

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