870 P.2d 1097 (1994) ("Gallegos I”),' and on our own review of the record. 4 . The Brady motion concerns the truth of Detective Saldate's account at trial of the confession. For present purposes, we summarize and rely on the trial record. 5 . The trial court determined these confessions were voluntary. Gallegos did not challenge that determination in his petition for habeas relief. 6 . Gallegos’s confessions and testimony were the only evidence implicating Smallwood. At Gallegos’s trial, Smallwood invoked his Fifth Amendment right not to testify. 7 . Unless otherwise noted, all references to the Arizona criminal code are to the provisions as they existed at the time of the crime, trial, and conviction. 8 . Cf. Enmund v. Florida, 458 U.S. 782, 797, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982) (<HOLDING>); Tison v. Arizona, 481 U.S. 137, 158, 107
holding that the eighth amendment requires finding that a felony murder defendant killed or attempted to kill holding that attempted felony murder was abolished holding that the crime of attempted first degree felony murder does not exist holding that there is no crime of attempted felony murder in florida holding offense of attempted seconddegree murder exists where there is evidence defendant intended to kill