OPINION MARTONE, Justice. Schurz was found guilty of murder in the first degree and attempted aggravated robbery, and sentenced to death. Appeal to this court is automatic under Rules 26.15 and 31.2(b), Ariz.R.Crim.P., and direct under A.R.S. § 13-4031. We granted review of the denial of his petition for post conviction relief and consolidated it with th…
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