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STATE v. McGILL

No. CR-04-0405-AP.

140 P.3d 930 (2006)

213 Ariz. 147

STATE of Arizona, Appellee, v. Leroy Dean McGILL, Appellant.

Supreme Court of Arizona, En Banc.

August 14, 2006.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Jim D. Nielsen, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

Susan M. Sherwin, Maricopa County Legal Advocate by Thomas J. Dennis, Deputy Legal Advocate, Phoenix, Attorneys for Leroy Dean McGill.

OPINION

McGREGOR, Chief Justice.

¶ 1 On November 10, 2004, a jury sentenced Leroy McGill to death for the murder of Charles Perez. Pursuant to Arizona Rule of Criminal Procedure 31.2(b), McGill's appeal to this Court is automatic. This Court has jurisdiction pursuant to Article 6, Section 5.3 of the Arizona Constitution, and section 13-4031 (2001) of the Arizona Revised Statutes.

I.

A.

¶ 2 In July 2002, thirty-nine-year...

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