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STATE v. ROQUE

No. CR-03-0355-AP.

141 P.3d 368 (2006)

STATE of Arizona, Appellee/Cross-Appellant, v. Frank Silva ROQUE, Appellant/Cross-Appellee.

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, Phoenix, Vincent L. Rabago, Assistant Attorney General, Tucson, Attorneys for the State of Arizona.

James J. Haas, Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Anna M. Unterberger, Deputy Public Defender, Phoenix, Attorneys for Frank Silva Roque.

OPINION

BERCH, Vice Chief Justice.

¶ 1 In September 2003, a jury found Appellant Frank Silva Roque guilty of first degree murder, attempted first degree murder, reckless endangerment, and three counts of drive-by shooting. He was sentenced to death for the murder. This court has jurisdiction of this capital appeal under Article 6, Section 5(3) of the Arizona Constitution, and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2001).

I. FACTS...

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