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STATE v. FITZGERALD

No. CR-10-0307-AP.

303 P.3d 519 (2013)

STATE of Arizona, Appellee, v. John Vincent FITZGERALD, Appellant.

Supreme Court of Arizona, En Banc.

May 31, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General by Jeffrey A. Zick , Chief Counsel, Criminal Appeals/Capital Litigation, Kent E. Cattani , Former Chief Counsel, Criminal Appeals/Capital Litigation, Julie A. Done , Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Bruce F. Peterson , Maricopa County, Office of the Legal Advocate by Kerri L. Chamberlin , Deputy Legal Advocate, Phoenix, Attorney for John Vincent Fitzgerald.

OPINION

PELANDER, Justice.

¶ 1 A jury found John Vincent Fitzgerald guilty of first degree murder and first degree burglary. He was sentenced to death for the murder and to a prison term for the burglary. We have jurisdiction over this automatic appeal under Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031.1

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 On April 15, 2005, after...

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