State V. Ceja

On June 30, 1974 Randy Leon and his wife Linda were found dead from gunshot wounds in their home in Phoenix, Arizona. Eleven days later Jose Jesus Ceja was charged with two counts of murder in the first degree. After trial, he was convicted by a jury of both homicides. Following an aggravation and mitigation hearing, he was sentenced to death. An automatic appeal was filed pursuant to 17 A.R.S. Rules of Criminal Procedure, rule 31.2(b). On February 11, 1976, the Arizona Supreme Court reversed and remanded for a new trial. State v. Ceja, 113 Ariz. 39, 546 P.2d 6 (1976). The second trial of Ceja was commenced May 12, 1976. The jury returned a verdict of guilty on both counts. An aggravation and mitigation hearing was thereafter held. The transcript of the aggravation and mitigation hearing following the first trial was submitted to the judge and no new evidence was presented. On June 25, 1976 the court sentenced the appellant, Ceja, to death pursuant to A.R.S. § 13-454. We have jurisdiction of this appeal pursuant to Ariz.Const. art 2, § 24 and art. 6, § 5; A.R.S. §§ 12-120.21, 13-1711 and 17 A.R.S. Rules of Criminal Procedure, rule 31.2(b).