State v. KUHS

OPINION

BERCH, Chief Justice.

¶ 1 A jury convicted Ryan Wesley Kuhs of first degree burglary and first degree murder and determined that he should be sentenced to death. In this automatic appeal, Kuhs raises seven issues. 1 Ariz. R.Crim. P. 31.2(b). We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution and Arizona Revised Statutes (A.R.S.) § 13-4031 (2001).

I. FACTUAL AND PROCEDURAL BACKGROUND 2

¶ 2 In 2005, Ryan Kuhs entered Enrique Herrera’s apartment and stabbed him while he slept. Herrera awoke and attempted to defend himself. During the struggle, Kuhs stabbed…