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STATE v. McCRAY

No. CR-05-0508-AP.

183 P.3d 503 (2008)

STATE of Arizona, Appellee, v. Frank Dale McCRAY, Appellant.

Supreme Court of Arizona, En Banc.

February 14, 2008.

Attorney(s) appearing for the Case

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

Susan Sherwin, Office of the Legal Advocate by Kerri L. Chamberlin, Deputy Legal Advocate, Phoenix, Attorneys for Frank Dale McCray.

OPINION

BALES, Justice.

¶ 1 This mandatory appeal concerns Frank Dale McCray's conviction and death sentence for the murder of Chestene Cummins. We have jurisdiction 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 On May 21, 1987, Chestene Cummins was strangled to death in her Phoenix apartment. Her boyfriend found her...

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