State v. Rodriguez

OPINION

McGREGOR, Justice.

¶ 1 Defendant Toribio Rodriguez appeals his conviction and death sentence for first-degree murder, and his convictions and sentences for two counts of sexual assault and one count of first-degree burglary. 1 We review this case on direct, automatic appeal pursuant to Arizona Revised Statutes (A.R.S.) section 13-4031. For the following reasons, we reverse on all counts and remand for retrial.

I

¶ 2 Dawn Dearing (the victim) lived alone in an apartment complex in Tucson. She spent the evening of August 24, 1988, at her apartment with a co-worker. The victim became…