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STATE v. VANWINKLE

No. CR-09-0322-AP.

285 P.3d 308 (2012)

STATE of Arizona, Appellee, v. Pete J. VANWINKLE, Appellant.

Supreme Court of Arizona, En Banc.

August 15, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General By Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section, Ginger Jarvis , Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Michael J. Dew , Attorney at Law By Michael J. Dew, Phoenix, Attorney for Pete J. VanWinkle.

OPINION

BRUTINEL, Justice.

¶ 1 In 2009, Pete J. VanWinkle was sentenced to death for the first degree murder of Robert Cotton. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031 (2010).

I. FACTUAL AND PROCEDURAL BACKGROUND1

¶ 2 On May 1, 2008, when Maricopa County...

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