My guess is he flipped it because of the probably cause rulings that tossed out his aggravators except cruelty.
Here, as in Bocharski, the State has not shown that the defendant knew or should have
known that the victim was dead yet continued to stab him. Although a gun was used in addition
to a knife, and there were many stab wounds, this evidence supports only a conclusion that the
defendant inflicted more violence than that necessary to kill. Det. Flores, the state?s only witness,
testified that he spoke with Dr. Horne, who conducted the autopsy, and that Dr. Horne opined
that the two fatal wounds occurred last in the sequence. Based on this evidence, there is no
showing that the defendant continued to injure the victim after she had fatally wounded him.
Bocharski, 218 Ariz. at ?89.




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Illegitimi non carborundum!
