Juan Carlos Vicente Sanchez v. Hon. ainley/state of Arizona

321 P.3d 415, 234 Ariz. 250, 2014 Ariz. LEXIS 55
CourtArizona Supreme Court
DecidedMarch 20, 2014
DocketCV-13-280
StatusPublished
Cited by6 cases

This text of 321 P.3d 415 (Juan Carlos Vicente Sanchez v. Hon. ainley/state of Arizona) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Juan Carlos Vicente Sanchez v. Hon. ainley/state of Arizona, 321 P.3d 415, 234 Ariz. 250, 2014 Ariz. LEXIS 55 (Ark. 2014).

Opinions

Justice TIMMER,

opinion of the Court.

¶ 1 In Chronis v. Steinle, we held that “Arizona Rule of Criminal Procedure 13.5(c) permits a defendant in a capital murder case to request a determination of probable cause as to alleged aggravating circumstances.” [252]*252220 Ariz. 559, 560 ¶ 1, 208 P.3d 210, 211 (2009). We now hold that the trial court must grant a defendant’s timely request for a hearing under Rule 13.5(c), even if the grand jury has previously made a probable-cause determination as to those alleged aggravating circumstances.

BACKGROUND

¶ 2 In September 2011, a grand jury indicted Juan Carlos Vicente Sanchez for several offenses, including first degree murder. The trial court subsequently granted Sanchez’s motion to remand the case to the grand jury for a new probable-cause determination. While that motion was pending, the State filed a notice of intent to seek the death penalty and alleged the existence of several aggravating circumstances listed in AR.S. § 13-75KF).

¶ 3 In April 2012, the grand jury re-indicted Sanchez for the same offenses. At the State’s request, the grand jury also found probable cause to support three aggravating circumstances.

¶ 4 Sanchez filed a second motion to remand for a new finding of probable cause, arguing that the grand jury was not authorized to consider aggravating circumstances and that the State’s presentation of the issue usurped his ability under Rule 13.5(e) to request what is commonly called a “Chronis hearing.” The trial court denied the motion, reasoning that nothing precludes a grand jury from making the probable-cause determination on alleged aggravates. The court also denied Sanchez’s subsequent motion for a Chronis hearing as moot in light of the grand jury’s determination.

¶ 5 Sanchez petitioned the court of appeals for special-action relief from the denial of his request for a Chronis hearing. A divided panel of the court accepted jurisdiction but denied relief, agreeing with the trial court that a capital case defendant is not entitled to a Chronis hearing if a grand jury has found that probable cause supports the existence of alleged aggravating circumstances. Sanchez v. Ainley ex rel. Cnty. of Yavapai, 233 Ariz. 14, 17 ¶ 12, 308 P.3d 1165, 1168 (App.2013). We granted review to resolve this recurring legal issue of statewide importance. We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 12-120.24.

DISCUSSION

I.

¶ 6 A.R.S. § 13-752(B) and Arizona Rule of Criminal Procedure 15.1(i) direct the prosecutor to provide pretrial notice of an intent to seek the death penalty and a list of aggravating circumstances the prosecution will rely on. Rule 13.5(c) provides that such notice will automatically “amend the charging document” and permits the defendant to “challenge the legal sufficiency of an alleged aggravating circumstance” by filing a motion pursuant to Rule 16 to request a Chronis hearing. The sole issue before us is whether a defendant is entitled to this hearing once a grand jury has already found that probable cause supports the alleged aggravating circumstances. Because this issue turns on statutory and rule interpretations, we conduct a de novo review. See State v. Gutierrez, 229 Ariz. 573, 576 ¶ 19, 278 P.3d 1276, 1279 (2012).

II.

¶ 7 Resolution of this issue depends initially on whether a grand jury has authority to find that probable cause supports aggravating circumstances alleged to support imposition of the death penalty. The court of appeals majority did not identify any such authority but noted that nothing prohibits this course of action either. Sanchez, 233 Ariz. at 17-18 ¶¶ 12-13, 308 P.3d at 1168-69. It then concluded that “Sanchez has a right not to the procedure associated with a Rule 13.5(c)/Chronis hearing, but to a substantive determination of probable cause,” which was satisfied by the grand jury’s finding. Id. at 20 ¶¶ 19-20, 308 P.3d at 1171. The dissenting judge reasoned that the majority erroneously expanded the grand jury’s statutory authority, id. at 21 ¶ 29, 308 P.3d at 1172 (Norris, J., dissenting), and concluded, for this reason and others, that a grand jury’s probable-cause determination of aggravators [253]*253cannot deprive a defendant of a Chronis hearing, id. at 21 ¶31, 308 P.3d at 1172.

¶ 8 A grand jury is an investigative body “whose mission is to bring to trial those who may be guilty and [to] clear the innocent.” Marston’s, Inc. v. Strand, 114 Ariz. 260, 264, 560 P.2d 778, 782 (1977). To fulfill that mission, grand jurors are authorized to inquire into “offense[s]” and return indictments for “public offense[s].” A.R.S. §§ 21-407, -413; Ariz. R.Crim. P. 13.1(a). The legislature has defined an “offense” or “public offense” as “conduct for which a sentence to a term of imprisonment or of a fine is provided by any law.” AR.S. § 13-105(27). “Aggravating circumstances” do not fall within this definition because they merely guide sentencing determinations and do not proscribe conduct that is punishable by a term of imprisonment or fine. Cf. State v. Allen, 111 Ariz. 125, 126, 524 P.2d 502, 503 (1974) (“Statutes authorizing the infliction of a more severe penalty on one who is a persistent offender do not create a new, separate, distinct, independent, or substantive offense.”); AR.S. § 13-751(F) (providing that aggravating circumstances are considered in “determining whether to impose a sentence of death”).

¶ 9 The State argues, however, that AR.S. §§ 21-407 and -413 authorize grand jurors to find probable cause to support alleged aggravating circumstances, thereby mooting the defendant’s Chronis hearing request, because the United States Supreme Court has held that aggravating circumstances are “functional equivalents” of offense elements. Ring v. Arizona, 536 U.S. 584, 609, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002); Apprendi v. New Jersey, 530 U.S. 466, 494 n. 9, 120 S.Ct. 2348,147 L.Ed.2d 435 (2000). We addressed a related argument in McKaney v. Foreman ex rel. County of Maricopa, 209 Ariz. 268, 100 P.3d 18 (2004). There, the defendant argued that, in addition to requiring that a trial jury find any aggravating circumstances for sentencing purposes, Apprendi/Ring requires that a grand jury or other neutral arbiter make a pretrial probable-cause finding for any alleged aggravating circumstances. Id. at 270 ¶ 10, 100 P.3d at 20. We disagreed, explaining that the Apprendi/Ring

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321 P.3d 415, 234 Ariz. 250, 2014 Ariz. LEXIS 55, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juan-carlos-vicente-sanchez-v-hon-ainleystate-of-arizona-ariz-2014.