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STATE v. GOMEZ

No. CR-10-0358-AP.

293 P.3d 495 (2012)

STATE of Arizona, Appellee/Cross-Appellant, v. Fabio Evelio GOMEZ, Appellant.

Supreme Court of Arizona, En Banc.

December 7, 2012.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General By Kent E. Cattani , Division Chief Counsel, Jeffrey A. Zick , Section Chief Counsel, Capital Litigation Section, Phoenix, Laura Chiasson , Assistant Attorney General, Tucson, Attorneys for State of Arizona.

Michael J. Dew, Attorney at Law By Michael J. Dew , Phoenix, Attorney for Fabio Evelio Gomez.

OPINION

BALES, Vice Chief Justice.

¶ 1 This automatic appeal concerns Fabio Evelio Gomez's 2010 death sentence for murdering Joan Morane. We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. §§ 13-4031, -4032, and -4033(A) (2011).

FACTS AND PROCEDURAL BACKGROUND

¶ 2 Joan lived in an apartment complex where Gomez also lived with his girlfriend and infant son. In December 1999, a friend...

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