 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Jones6/15/2000
ffense), and F.8 (the defendant has been convicted of one other homicide).
First, the trial court held Jones had been convicted of another offense for which life imprisonment or death is imposable. See A.R.S. § 13-703.F.1. The state proved this factor beyond a reasonable doubt because "each of the murders at the Moon Smoke Shop on May 30th, 1996, each of the murders at the Fire ighters' Hall on June 13th, 1996 satisfies this factor." (R.T. 12/7/98, at 18.) The court found the murders in the Fire Fighters Union Hall provided a sufficient basis to satisfy the F.1 factor for the murders in the Moon Smoke Shop. Likewise, the murders in the Moon Smoke Shop provided a sufficient basis for finding the factor for the murders in the Fire Fighters Union Hall. Although Jones argued at trial that the F.1 factor was not met because all six of the murders occurred in a single incident and the constraints of State v. Walden, 183 Ariz. 595, 905 P.2d 974 (1995) no longer apply, the trial court correctly determined that the F.1 factor had been met.
In State v. Rogovich, 188 Ariz. 38, 44, 932 P.2d 794, 800 (1997), we held that three different murders in the same killing spree satisfied the F.1 factor. In that case, the defendant was convicted of four counts of first-degree murder arising from two separate incidents. See id. He killed one individual at a convenience store in the morning, and killed three more later the same afternoon in a trailer park. We upheld the judge's determination that the three afternoon killings supported the F.1 factor. See id.; see also State v. Lee, 189 Ariz. 590, 604, 944 P.2d 1204, 1218 (1997) (holding "'convictions entered prior to a sentencing hearing may . . . be considered regardless of the order in which underlying crimes occurred or the order in which the convictions were entered.' . . . For [F.1] purposes, . . . conviction occurs upon determination of guilt." (quoting State v. Gretzler, 135 Ariz. 42, 57 n.2, 659 P.2d 1, 16 n.2 (1983)(citations omitted)).
In this case, the jury determined that Jones was guilty of first-degree murder on six different counts. These murders included the two killings at the Moon Smoke Shop, and four killings at the Fire Fighters Union Hall. Under the statutory language of A.R.S. § 13-703.F.1, the trial court determines whether the defendant has a prior conviction of a crime that warrants the imposition of a life sentence. Because Jones was convicted for all six murders prior to sentencing, and because each set of murders provides a sufficient basis for finding the factor as to the other set of murders, we find the F.1 factor proven beyond a reasonable doubt.
Second, the trial court found that Jones's convictions on three counts of aggravated assault, three counts of armed robbery, and two counts of first-degree burglary satisfied the F.2 factor. Because Jones was convicted of these serious offenses before the sentencing phase, each offense provides sufficient grounds for satisfying the F.2 factors for the murder offenses. See State v. Rogovich, 188 Ariz. 38, 44, 932 P.2d 794, 800 (1997). The court was careful not to double count the murder offenses from the F.1 factor to satisfy F.2, stating, "Since the court has already considered the first-degree murder convictions in its 13-703(F)(1) analysis, those convictions will not be again considered in the determination of this factor." (R.O.A. at 858). The court properly determined that the non-capital offenses satisfied the F.2 factor beyond a reasonable doubt.
The trial court next found beyond a reasonable doubt that Jones committed multiple murders in the same crime. See A.R.S. § 13-703.F.8. The court held that both of the Moon Smoke Shop murders prov
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|