MARTINEZ CHAVEZ v. STATE

No. 1085S426.

534 N.E.2d 731 (1989)

Eladio MARTINEZ CHAVEZ, Appellant (Defendant below), v. STATE of Indiana, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 1, 1989.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender, M.E. Tuke, Hector L. Flores, Deputy Public Defenders, Indianapolis, for appellant.

Linley E. Pearson, Atty. Gen., Joseph N. Stevenson, Deputy Atty. Gen., Indianapolis, for appellee.


SHEPARD, Chief Justice.

The principal question in this case is whether the trial court was justified in overriding the jury's recommendation against the death penalty.

Appellant Eladio Martinez Chavez and Reynaldo Rondon were tried before a jury and found guilty of murder, Ind. Code § 35-42-1-1(1) (Burns 1985 Repl.), and felony murder, Ind. Code § 35-42-1-1(2) (Burns 1985 Repl.). After the sentencing hearing, the jury recommended the death penalty...

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