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STATE v. ROSEBERRY

No. CR-03-0247-AP.

111 P.3d 402 (2005)

210 Ariz. 360

STATE of Arizona, Appellee, v. Homer Ray ROSEBERRY, Appellant.

Supreme Court of Arizona, En Banc.

May 11, 2005.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel Capital Litigation Section and Jon G. Anderson, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Ducar, Lorona & Parks, P.C. by Jess A. Lorona and Gregory E. McClure, Phoenix, Attorneys for Appellant.

OPINION

BERCH, Justice.

¶ 1 Appellant Homer Roseberry was found guilty of transportation of marijuana for sale, conspiracy to transport marijuana for sale, and the first-degree murder of Fred Fottler. The jury sentenced him to death for the murder.

¶ 2 Appeal to this court is direct and automatic when a sentence of death has been imposed. Ariz.Rev.Stat. ("A.R.S.") § 13-703.04 (Supp.2004); Ariz. R.Crim. P. 26.15, 31.2(b). This court...

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