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STATE v. GARCIA

No. CR-07-0438-AP.

226 P.3d 370 (2010)

STATE of Arizona, Appellee, v. Alfredo Lucero GARCIA, Appellant.

Supreme Court of Arizona, En Banc.

March 18, 2010.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section, Amy Pignatella Cain, Assistant Attorney General, Jeffrey A. Zick, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

David Goldberg, Attorney at Law by David Goldberg, Fort Collins, CO, Attorney for Alfredo Lucero Garcia.

OPINION

BALES, Justice.

¶ 1 Alfredo Lucero Garcia was convicted of armed robbery and first degree murder and sentenced to death 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 BACKGROUND1

¶ 2 On the afternoon of May 21, 2002, Daniel...

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