STATE v. VELAZQUEZ

No. CR-04-0361-AP.

166 P.3d 91 (2007)

STATE of Arizona, Appellee, v. Juan VELAZQUEZ, Appellant.

Supreme Court of Arizona, En Banc.

August 9, 2007.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, by Kent E. Cattani, Chief Counsel Capital Litigation Section Patricia A. Nigro, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Law Offices Of Richard D. Gierloff, P.C. by Richard D. Gierloff, Phoenix, Attorney for Juan Velazquez.


OPINION

BALES, Justice.

¶ 1 After convicting Juan Velazquez of seven counts of child abuse and one count of first degree murder, a jury determined that he should receive the death penalty for the murder. We have jurisdiction over this mandatory appeal under Article 6, Section 5(3), of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2001).

FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 In September 2001...

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