State v. Guarino
Annotate this CaseAfter a jury trial, Defendant was convicted of murder, assault, and kidnapping. The trial court sentenced Defendant to death. The Supreme Court affirmed Defendant’s convictions and sentences, holding (1) the trial court properly admitted evidence of statements by Defendant’s brother recounting the events preceding the victim’s death; (2) the admission of gang expert testimony was proper; (3) the trial judge did not commit fundamental error by allowing the jury to consider the Ariz. Rev. Stat. 13-751(F)(6) “especially cruel” aggravator under appropriate limiting instructions; and (4) the jury did not abuse its discretion when it declined to grant Defendant leniency.
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