State v. Ceja

• Decision Date: 19 May 1980
• Citation: 126 Ariz. 35,612 P.2d 491
• Parties: STATE of Arizona, Appellee, v. Jose Jesus CEJA, Appellant. No 3102-2.
• Court: Arizona Supreme Court

Page 491

612 P.2d 491

126 Ariz. 35

STATE of Arizona, Appellee, v. Jose Jesus CEJA, Appellant.

No 3102-2.

Supreme Court of Arizona, In Banc.

May 19, 1980.

Bruce E. Babbitt, Former Atty. Gen., Robert K. Corbin, Atty. Gen. by William J. Schafer III, R. Wayne Ford and Crane McClennen, Asst. Attys. Gen., Phoenix, for appellee.

Brice E. Buehler, Phoenix, for appellant.

HAYS, Justice.

The tortuous path of this case reflects a state of confusion and sometimes inexplicable results reached in the courts, both state and federal, in Arizona and in the nation. The case is before us for the third time after two trials, three sentencings, three aggravation/mitigation hearings, and a sojourn or two in the federal arena. At the last sentencing, as at the previous two sentencings, the death penalty was imposed. This appeal does not concern itself with the judgment of conviction, but attacks the validity of the sentence alone.

Previously, on May 16, 1977, in State v. Ceja, 115 Ariz. 413, 565 P.2d 1274 (1977), we affirmed the conviction and the death penalty imposed by the trial court pursuant to statute. Some time later, the United States Supreme Court issued an opinion in Lockett v. Ohio, 438 U.S. 586, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978), which resulted in an opinion from this court styled, State v. Watson, 120 Ariz. 441, 586 P.2d 1253 (1978). After Watson, we then remanded the current death penalty cases to the trial courts for resentencing under the standards enunciated in that case.

An extensive mitigation hearing was held in this case with numerous witnesses testifying. Two psychologists were appointed to conduct tests on the defendant to determine if there was evidence of organic brain damage to the defendant as a result of alleged paint sniffing and drug abuse. On July 17, 1979, sentence was imposed and this appeal followed. The trial court, as required by statute A.R.S. §§ 13-453 and 13-454, rendered its special verdict as to aggravation and mitigation. In part, the findings read:

"In the death of Linda Leon, the Court finds from the evidence at trial that the defendant, by himself, went to the Leon home on Sunday, June 30th, 1974, and found decedent Linda Leon home alone. The Court further finds that the defendant went to the home for the express purpose of stealing a large shipment of marijuana in the Leons' possession and that he took a suitcase and a weapon to accomplish this purpose.

"After entering the house, the Court finds that the defendant, who weighed in excess of 200 pounds, shot Linda, who weighed 99 pounds, in the living room. The Court further finds that the defendant thereafter dragged Linda Leon to the bedroom and thereafter fired at least four more shots to the head at close range using a pillow to muffle the sounds. The Court further finds that Linda was shot seven times and that the nature and location of the wounds, the location where the shots were fired, and the manner and means by which the mortal wounds were inflicted conclusively demonstrate that her death was accomplished in a depraved, cruel, and heinous manner.

"In the death of Randy Leon, the Court finds that the defendant after deciding to cap or kill Randy shot him four times. The Court finds that two of the four shots were fired at extreme close range and one of those two shots, the wound with its entrance in the upper back, was directed after the decedent had already fallen to the floor with mortal wounds.

"The Court further finds from the statement by the defendant to Detective Ysasi and from the Medical Examiner's testimony that the defendant kicked Randy in the area of his face after the shooting. The Court further finds that the defendant, in order to delay discovery of the two victims and to prevent any possible aid to them and to assist in his own escape, removed the receiver from the phone and turned the television on to create an appearance that the decedents were in the home using the phone and watching television.

"Based upon the manner and means by which the mortal and other wounds were inflicted, it is the Court's belief that the facts surrounding the death of Randy Leon conclusively demonstrate that his death was accomplished in a depraved, cruel, and heinous manner. I would add to that, that the Court is convinced, as Mr. Buehler has pointed out, that the kicks to the body of Randy Leon were inflicted after Mr. Leon had either lost consciousness or was dead; and it was my conviction he was already dead when he was kicked.

"The Court has carefully weighed and considered the evidence submitted in both the prior and present mitigation hearings. The Court has further examined the psychiatric and psychological reports submitted to this court. The Court has considered the defendant's testimony of May 18, 1976, in this courtroom and his earlier mitigation testimony before Judge Rose. The Court has carefully considered all mitigation evidence in conformity with the guidelines set forth in State v. Watson, 120 Ariz. 441, 586 P.2d 1253, a 1978 decision; the Supreme Court decision of Lockett v. Ohio and the decision in Richmond v. Cardwell and Ceja v. Cardwell, 450 F.Supp. 519, (D.C. Ariz.), the decision of Judge Muecke. In all areas the Court has carefully weighed the testimony, statements, and opinions of family, friends, counsellors, clergy, experts, and all others on behalf of the defendant as they affect those issues relating to mitigation.

"As to mitigation, it is the Court's special verdict that: One, the defendant's capacity to appreciate the wrongfulness of his conduct or to conform his conduct to the requirements of the law was not significantly impaired and was clearly not so impaired as to constitute a defense to prosecution.

"On this issue there was evidence that the defendant had experimented with drugs prior to the commission of this offense. In addition, there was evidence that he had sniffed paint prior to June 30, 1974, and possibly on June 30, 1974. "There is insufficient evidence to believe that the defendant was under the influence of drugs or paint or that these substances diminished or impaired the defendant's mental processes in the killing of the Leons. It should be noted that the defendant himself has never even claimed any such diminution nor has any of the battery of psychiatrists and psychologists who have examined him over the past five years.

"Two, the defendant was not under unusual and substantial duress at the time of the commission of these crimes.

"Defendant has introduced evidence showing that several months before the killing of the Leons the defendant's wife had miscarried and that he had grieved over the loss of this baby. There was further evidence that the baby may have been malformed and that the mother had been a drug user. There is no evidence to show that the miscarriage in March had any connection with or causal relationship whatsoever with the killing of the Leons in June.

"Three, the defendant was not a principal, under 13-452, in the offense which was committed by another. His participation was major and total.

. . . .

"Five, in Judge Muecke's ruling of Richmond v. Cardwell, consideration for the youth of the defendant has been mandated.

"Jose Ceja was born October 24, 1955. He killed Randy and Linda Leon on June 30, 1974. On the date of these offenses, Mr. Ceja was 18 years, 8 months and 6 days old.

"The Court is convinced that youth as a factor of mitigation consists of something more than age. In considering youth, the Court has considered: One, the age of the accused on the date of the crime; two, the degree of planning and preparation, if any; three, the maturity or sophistication of the criminal act; four, the prior juvenile and adult experiences of the accused prior to the date of the crime; five, whether the act was one of impulse or one of deliberation and reasoning.

"The Court finds that Mr. Ceja was a young man with no history of violent criminal behavior prior to June 30, 1974. He was not, however, a stranger to criminal behavior. He had on at least one prior occasion ripped off someone of drugs. He had used and sold a variety of drugs prior to June 30, 1974.

"This double homicide is replete with evidence that the killings, from beginning to end, were not the actions of a panic-stricken, inexperienced, immature youth but rather those of a mature, sophisticated criminal mind.

"The defendant owned a weapon. He was able to move the weapon and his wife's luggage from the premises on or before June 30 without her knowledge. He knew the Leons from prior drug dealings with them. He knew where Randy kept his drugs and weapons.

"The Court finds from the evidence the following facts to be highly significant on the issue of the defendant's youth:

"One, both of the victims were brutally gunned down at different times with repeated close-range shots. There was no panic after Linda's death. There was the cold, deliberate waiting period before Randy returned home.

"Two, Ceja did not panic by leaving the purpose of his mission behind. He had gone to the Leons to rip off the marijuana. Two brutal killings did not cause a panic sufficient to deter him from loading the suitcase with the contraband that he had gone to steal.

"Three, Ceja's actions in turning up the television and taking the telephone off the hook evidence a clever and reasoned mind. Such actions would serve to delay discovery of the bodies by causing people to believe that the Leons were home watching...