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STATE v. SMITH

No. CR-01-0272-AP.

50 P.3d 825 (2002)

203 Ariz. 75

STATE of Arizona, Appellee, v. Bernard SMITH, Appellant.

Supreme Court of Arizona, En Banc.

July 29, 2002.

Attorney(s) appearing for the Case

John W. Rood, III, Phoenix, Attorney for Bernard Smith.

Janet Napolitano, Attorney General by Kent Cattani, Chief Counsel, Capital Litigation Section, and J.D. Nielsen, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

OPINION

McGREGOR, Vice Chief Justice.

I.

¶ 1 Shortly before midnight on August 21, 1983, appellant Bernard Smith backed his car into a parking space and entered the Low Cost Market in Yuma. At the counter, he requested a pack of Player cigarettes and paid for them with a five dollar bill. Once cashier Charles Pray opened the cash register, Smith pulled back the hammer of the .22 caliber, single-action revolver he carried so that it would make...

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