State v. Jackson
| Decision Date | 03 May 1996 |
| Docket Number | No. CR-94-0045-AP,CR-94-0045-AP |
| Parties | STATE of Arizona, Appellee, v. Levi Jaimes JACKSON, Appellant. |
| Court | Arizona Supreme Court |
Levi Jackson was convicted of first degree murder, one count of dangerous kidnapping, and one count of dangerous armed robbery. The trial court sentenced him to death for the murder and to prison terms for the noncapital convictions. Appeal to this court is automatic. See Rules 26.15 and 31.2(b), Ariz.R.Crim.P.; A.R.S. § 13-4031. We affirm the convictions and sentences.
On December 7, 1992, Patricia Baeuerlen drove out of her apartment complex and stopped at the corner of 24th Street and Columbus Avenue in Tucson. Jackson, Kevin Miles, and Ray Hernandez were standing near the stop sign. Jackson approached her car and asked her for a "light." Tr. Jan. 19, 1994 at 44. As she looked away, Jackson pulled out a gun, pointed it at her and ordered her to "scoot over." Id. Jackson, Miles, and Hernandez then got into the car.
Jackson drove to a desert area on the southeast side of Tucson. When they stopped, Jackson ordered the victim out of and away from the car. Several minutes later, Jackson shot her. She died from a gunshot wound to the heart.
Jackson raises the following issues:
A. Trial Issues
1. Did the trial court erroneously allow the state to file its formal notice of intent to seek the death penalty 1 day late?
2. Is it unconstitutional to sentence a 16-year-old to death?
3. Did the trial court err in denying defendant's motion to change venue?
4. Did the trial court erroneously admit evidence of defendant's desire to be in a gang?
5. Did the trial court err in denying defendant's Rule 404(b) motion?
6. Should the trial court have instructed the jury on lesser included offenses?
7. Should the trial court have defined reasonable doubt for the jury?
8. Should the trial court have given an interrogatory to the jury on the theories of first degree murder?
9. Did the trial court coerce the jury?
10. Did the trial court err in failing to disclose the foreperson's letter?
B. Sentencing Issues
1. Was the murder committed in an especially cruel manner (A.R.S. § 13-703(F)(6))?
2. Was the murder committed in a heinous or depraved manner (A.R.S. § 13-703(F)(6))?
3. Was the murder committed in expectation of pecuniary gain (A.R.S. § 13-703(F)(5))?
4. Did the trial court err in finding that the age of the defendant coupled with his abusive and dysfunctional family background did not outweigh the aggravating circumstances?
5. Was co-defendant Hernandez's sentence so disparate to that of Jackson's that it violated the Eighth Amendment?
6. Is Arizona's death penalty statute constitutional?
1. Untimely Filing Under Rule 15.1(g)(1), Ariz.R.Crim.P.
Rule 15.1(g)(1), Ariz.R.Crim.P., requires the state to provide the defendant notice of intent to seek the death penalty no later than 30 days after arraignment. At pretrial proceedings, the state admitted it had missed the 30-day deadline by 1 day, "due to no excusable neglect." Tr. Apr. 15, 1993 at 5. Jackson argues that the trial court committed reversible error by allowing the state to file its notice 1 day late. We disagree.
Rule 15.7, Ariz.R.Crim.P., is the starting point for our analysis. See Rule 15.1(g)(4), Ariz.R.Crim.P. Under Rule 15.7, the trial court "may impose" a variety of sanctions "which it finds just under the circumstances." The imposition and choice of sanction are within the discretion of the trial court. State v. Tucker, 157 Ariz. 433, 439, 759 P.2d 579, 585 (1988). We do not disturb the trial court's ruling unless the defendant can show prejudice and an abuse of discretion. Id.
Jackson suffered no prejudice here. In granting the state's motion to enlarge the filing time, the trial court considered the circumstances surrounding the prosecutor's violation and the prejudice to Jackson. The trial court found that Rule 15.1(g)(1) is designed to give the defendant notice of the state's intent to seek the death penalty sufficiently in advance to adequately prepare a defense. At least a week before the state's notice was due, Jackson was aware of the prosecutor's intent to seek the death penalty. 1 Jackson had close to five months from the time of formal notice to prepare for trial. The trial court's decision to allow the state to file its notice of intent 1 day late was not an abuse of discretion. See State v. Salazar, 173 Ariz. 399, 405, 844 P.2d 566, 572 (1992), cert. denied, 509 U.S. 912, 113 S.Ct. 3017, 125 L.Ed.2d 707 (1993) ().
Jackson also argues that Rule 15.1(g)(1) acts as a statute of limitations, and therefore the state's failure to strictly comply with the rule divested the trial court of jurisdiction over the capital case. This argument is without merit.
2. Constitutionality of Sentencing a 16-Year-Old Defendant to Death
Jackson argues that the death penalty in this case is unconstitutional in three respects. He first argues that the imposition of the death penalty upon a 16-year-old constitutes cruel and unusual punishment under the Eighth Amendment to the United States Constitution.
Whether a sentence violates the Eighth Amendment depends upon society's views of the challenged punishment as expressed by objective evidence. "First among the 'objective indicia that reflect the public attitude towards a given sanction' are statutes passed by society's elected representatives." Stanford v. Kentucky, 492 U.S. 361, 370, 109 S.Ct. 2969, 2975, 106 L.Ed.2d 306 (1989) (plurality opinion). After concluding that a majority of states that had capital punishment authorized the execution of 16-year-olds, Stanford upheld the imposition of the death penalty on a person who was 16 at the time of the murder. Id. at 373, 109 S.Ct. at 2977.
Jackson argues that the national consensus has changed since 1989. But he has a "heavy burden" to establish a national consensus against the imposition of the death penalty on a 16-year-old. Id. The evidence does not support his claim.
In 1989, of the 36 states that imposed capital punishment, 14 excluded 16-year-olds, 13 states included them, and 9 states set no minimum age requirement. Capital Punishment 1989, Bureau of Justice Statistics Bulletin 5, Table 3. In 1993, when Jackson was sentenced to death, of the 36 states that imposed capital punishment, 15 excluded 16-year-olds, 12 included 16-year-olds, and 9 states set no minimum age requirement. Capital Punishment 1993, Bureau of Justice Statistics Bulletin 6, Table 3. The decline of 1 state is not a change in the national consensus. Id. at 370, 109 S.Ct. at 2975; see Coker v. Georgia, 433 U.S. 584, 595-96, 97 S.Ct. 2861, 2867-68, 53 L.Ed.2d 982 (1977) (); Solem v. Helm, 463 U.S. 277, 300, 103 S.Ct. 3001, 3015, 77 L.Ed.2d 637 (1983) ().
Second, Jackson argues that Arizona's death penalty statute violates the Eighth Amendment because it fails to specify a statutory minimum age for execution. But, as Justice O'Connor noted, a state need not specify a minimum age when "it is clear that no national consensus forbids the imposition of capital punishment for crimes committed at such an age." Stanford, 492 U.S. at 380-81, 109 S.Ct. at 2981 (O'Connor, J., concurring). Arizona's death penalty statute need not specify a minimum age because "it is sufficiently clear that no national consensus forbids the imposition of capital punishment on 16-year-old capital murderers." Id.
Finally, Jackson argues that it is cruel and unusual to execute a 16-year-old under Article 2, Section 15 of the Arizona Constitution. We disagree. First, Arizona's constitutional prohibition against cruel and unusual punishment is "identically worded to its federal counterpart," State v. Bartlett (I), 164 Ariz. 229, 240, 792 P.2d 692, 703 (1990), and at least as here, where the parties do not argue otherwise, we give them the same meaning. Id.; see, e.g., State v. Taylor, 160 Ariz. 415, 422-23, 773 P.2d 974, 981-82 (1989). Second, although this court has considered the age of an offender to be a substantial and relevant factor at sentencing, we have found "no constitutional authority or statutory provision [that] prohibits the sentencing of a 16-year-old to death." State v. Valencia, 124 Ariz. 139, 141, 602 P.2d 807, 809 (1979).
3. Change of Venue
Jackson argues that the "car jacking" and the age of the defendants generated an overwhelming amount of pretrial publicity, and therefore the trial court should have granted his motion for change of venue.
"There is a two-step inquiry for pretrial publicity: (1) did the publicity pervade the court proceedings to the extent that prejudice can be presumed?; if not, then (2) did defendant show actual prejudice among members of the jury?" State v. Stokley, 182 Ariz. 505, 513, 898 P.2d 454, 462 (1995), cert. denied, --- U.S. ----, 116 S.Ct. 787, 133 L.Ed.2d 737 (1996). To presume prejudice, Jackson must show pretrial publicity "so unfair, so prejudicial, and so pervasive that the [court] cannot give credibility to the juror's answers during voir dire." State v. Bolton, 182 Ariz 290, 300, 896 P.2d 830, 840 (1995).
The media coverage in this case was not pervasive or outrageous. Jackson...
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