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Tepanca v. State

The defendant suffered no harm from the trial court merging his malice murder conviction into his felony murder conviction for sentencing, rather than merging the felony murder conviction into the malice murder conviction, since the sentence of life imprisonment was appropriate for both offenses.

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Following a jury trial, Hugo M. Tepanca was found guilty of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony, all with regard to the shooting death of Jose Sanchez-Vargas.1 On appeal, Tepanca contends, among other things, that he has been subjected to mutually exclusive verdicts and that he received ineffective assistance from his first appellate counsel. For the reasons set forth below, we affirm.

1. Viewed in the light most favorable to the verdict, the record shows that, in April 2008, Tepanca lived with Melissa Gonzalez Clambron, with whom he had two children. Tepanca and Gonzalez Clambron have never been married. Approximately six months before the birth of his second child, Tepanca began a secret sexual relationship with Alicia Hernandez; however, Hernandez told Tepanca prior to the murder that she wished to stop seeing him. Sanchez Vargas often drove Hernandez and a number of her neighbors to work for a fee.

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