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STATE v. DANN

No. CR-02-0042-AP.

74 P.3d 231 (2003)

205 Ariz. 557

STATE of Arizona, Appellee, v. Brian Jeffrey DANN, Appellant.

Supreme Court of Arizona, En Banc.

August 14, 2003.

Attorney(s) appearing for the Case

Janet A. Napolitano, Former Arizona Attorney General, Phoenix, Terry Goddard, Arizona Attorney General, by Kent E. Cattani, Chief Counsel, Capital Litigation Section and Jim D. Nielsen, Assistant Attorney General, Attorneys for Appellee.

Susan M. Sherwin, Maricopa County Office of the Legal Advocate, Phoenix, by Brent E. Graham and Shughart, Thomson, Kilroy, Goodwin & Raup, P.C., Phoenix, by Rudolph J. Gerber, Attorneys for Appellant.

OPINION

BERCH, Justice.

¶ 1 Appellant Brian Jeffrey Dann was convicted of three counts of first degree murder and one count of first degree burglary. Following an aggravation and mitigation hearing, the trial court sentenced Dann to death for the murder convictions and to a concurrent term of fifteen years' imprisonment for the burglary conviction. Dann appealed directly to this court, see Ariz. R.Crim. P. 31.2(b), which has jurisdiction pursuant...

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