State v. Rodriguez

OPINION

MOELLER, Justice.

Defendant Toribio Rodriguez was charged with and convicted of first degree murder, two counts of sexual assault, and burglary. He was sentenced to death on the murder count, 21 years each on the sexual assaults, and 10.5 years on the burglary. The case is before this court on direct, automatic appeal. See Ariz. R.Crim. P. 31.2(b); Ariz.Rev.Stat. Ann. (A.R.S.) §§ 13-4031,13-4035 (1989).

FACTS AND PROCEDURAL HISTORY

Dawn Dearing, the victim, lived alone in an apartment complex in Tucson. On August 24, 1988, Dearing and a co-worker shared drinks at Dearing’s apartment. By…