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STATE v. PAYNE

No. CR-09-0081-AP.

314 P.3d 1239 (2013)

The STATE of Arizona, Appellee, v. Christopher Mathew PAYNE, Appellant.

Supreme Court of Arizona.

November 21, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General, Kent E. Cattani (argued), former Chief Counsel, Criminal Appeals/Capital Litigation, Jeffrey A. Zick , Chief Counsel, Criminal Appeals/Capital Litigation, Amy Pignatella Cain , Assistant Attorney General, Tucson, for State of Arizona.

Lori J. Lefferts , Pima County Public Defender, Robert J. Hirsh , former Pima County Public Defender, Frank P. Leto (argued), Deputy Public Defender, Kristine Maish , Deputy Public Defender, Tucson, for Christopher Mathew Payne.

Chief Justice BERCH, amended opinion of the Court.

¶ 1 Christopher Mathew Payne was convicted of two counts of first degree murder, three counts of child abuse, and two counts of concealing a dead body, and was sentenced to death for each murder. We have jurisdiction of this automatic appeal pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 13-4031.

I. FACTUAL AND PROCEDURAL BACKGROUND1

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