STATE v. PRASERTPHONG

No. CR-01-0100-AP.

76 P.3d 438 (2003)

206 Ariz. 167

STATE of Arizona, Appellee, v. Kajornsak PRASERTPHONG, Appellant.

Supreme Court of Arizona.

September 15, 2003.


Attorney(s) appearing for the Case

Janet A. Napolitano, Former Attorney General, Terry Goddard, Attorney General, by Kent E. Cattani, Chief Counsel, Capital Litigation Section, Robert L. Ellman, Assistant Attorney General, James P. Beene, Assistant Attorney General, John P. Todd, Assistant Attorney General, Monica B. Klapper, Assistant Attorney General, Phoenix, and Bruce M. Ferg, Assistant Attorney General, Tucson, Attorneys for Appellee.

Susan A. Kettlewell, Pima County Public Defender, by Rebecca A. McLean, Assistant Public Defender, Lori J. Lefferts, Assistant Public Defender, Tucson, Attorneys for Appellant.


SUPPLEMENTAL OPINION

RYAN, Justice.

¶ 1 In September 2000, a jury convicted Kajornsak Prasertphong of three counts of first degree felony murder and three counts of armed robbery. Following the jury's verdict, the trial judge conducted a sentencing hearing to determine whether any aggravating and mitigating circumstances existed. The judge found beyond a reasonable doubt the presence of two aggravating circumstances for each murder: 1) Prasertphong...

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