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JEFFERS v. LEWIS

No. 86-1840.

5 F.3d 1199 (1993)

Jimmie Wayne JEFFERS, Petitioner-Appellant, v. Samuel LEWIS, Director, Arizona Department of Corrections, Donald B. Wawrzaszek, Superintendent, Arizona State Prison, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 31, 1992.

As Amended September 17, 1993.

Attorney(s) appearing for the Case

Donald S. Klein and Frank P. Leto, Deputy Public Defenders, Pima County Public Defender's Office, Tucson, AZ, for petitioner-appellant.

Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Attorney General's Office, Tucson, AZ, for respondents-appellees.

Before: PREGERSON and CANBY, Circuit Judges, and WILSON, District Judge.

AMENDED OPINION

PREGERSON, Circuit Judge:

Petitioner Jimmie Wayne Jeffers was convicted of first degree murder by an Arizona jury. After a sentencing hearing in 1978, the trial court found two aggravating circumstances and sentenced Jeffers to death. Jeffers's sentence was vacated and his case remanded for a new sentencing hearing after the Arizona Supreme Court's decision in State v. Watson, 120 Ariz. 441,

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