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STATE v. SMITH

No. CR-04-0208-AP.

159 P.3d 531 (2007)

STATE of Arizona, Appellee, v. Joe Clarence SMITH, Appellant.

Supreme Court of Arizona, En Banc.

May 31, 2007.

Attorney(s) appearing for the Case

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

Susan M. Sherwin, Maricopa County Legal Advocate by Kerri L. Chamberlin, Deputy Legal Advocate, Phoenix, Attorneys for Joe Clarence Smith.

OPINION

RYAN, Justice.

¶ 1 In 2004, Joe Clarence Smith was resentenced to death for two murders committed in 1975 and 1976. An automatic notice of appeal was filed under Arizona Rules of Criminal Procedure 26.15 and 31.2(b) and Arizona Revised Statutes ("A.R.S.") section 13-4031 (2001). We have jurisdiction under Article 6, Section 5(3), of the Arizona Constitution and A.R.S. § 13-4031.

I

¶ 2 On January 1, 1976,

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