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State v. Jones6/15/2000
062, 1079 (1996). The court noted that Dr. Caffrey observed that Jones tended to minimize his involvement in activities and tried to make himself look good. It further noted that the trial would be the ideal place to bring out Jones's best behavior. Clearly, the dichotomy between Jones's in-court behavior and his out-of-court criminal activity supports the court's finding. For these reasons, the trial court properly found that the factor was not proven.
Jones argued that those who know him well believe that he has "solid potential" for rehabilitation. If a defendant has potential to be rehabilitated, the court may consider the fact mitigating. See State v. Murray, 184 Ariz. 9, 40, 906 P.2d 542, 574 (1995). The trial court noted, however, that Dr. Caffrey's report indicated that Jones was marked with psychopathology and an inability to live in accordance with societal rules. Additionally, Jones has a history of criminal behavior. Therefore, the trial court properly held that the factor had not been proven.
The majority of Jones's mitigation memorandum concerned his devotion to his family and their strong feelings for him. Family devotion may be a mitigating factor where the family would suffer considerably from the defendant's loss. See State v. Spears, 184 Ariz. 277, 294, 908 P.2d 1062, 1079 (1996). The trial court found that Jones proved this factor by a preponderance of the evidence. In light of the defendant's violent behavior, however, the trial court properly found that the factor did not provide any mitigation additional to that already accorded to the circumstance of family support.
Finally, Jones argued that residual doubt remains. He asserted that the state's reliance on the testimony of David Nordstrom, David Evans, and Lana Irwin, all paid informants who received something of value for their testimony, should have convinced the trial court that residual doubt existed. The trial court regarded this argument as merely an extension of the attack on the credibility of these witnesses. The jury of twelve persons, however, found Jones guilty despite his attacks on the witnesses' credibility. Although the trial judge considered the issue, in light of the totality of evidence presented at trial, the trial court properly found that the factor had not been proven by a preponderance of the evidence.
V.
For the foregoing reasons, we affirm Jones's convictions and his sentences.
Ruth V. McGregor, Justice
CONCURRING:
Thomas A. Zlaket, Chief Justice
Charles E. Jones, Vice Chief Justice
Stanley G. Feldman, Justice
Frederick J. Martone, Justice
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