State v. Rutledge

76 P.3d 443, 206 Ariz. 172
Arizona Supreme Court·Decided September 16, 2003·No. CR-01-0129-AP·Published·Cited by 17 cases

Opinions

SUPPLEMENTAL OPINION

RYAN, Justice.

I.

¶ 1 A jury convicted Sherman Lee Rutledge of armed robbery, first degree felony murder of Ryan Harris, and attempted second degree murder of Chase Clayton. Following the jury’s verdict, the trial judge conducted a sentencing hearing to determine whether any aggravating and mitigating circumstances existed. The State alleged the existence of three aggravating factors: Rutledge had a previous conviction of a serious offense, Arizona Revised Statutes (“A.R.S.”) section 13-703(F)(2) (Supp.1996); Rutledge committed the murder for pecuniary gain, A.R.S. section 13 — 703(F)(5); and he commit[174] ted the murder “in an especially heinous, cruel or depraved manner.” A.R.S. § 13-703(F)(6). Before the sentencing hearing, the trial court ruled that the (F)(2) aggravating circumstance was not applicable because the attempted murder and armed robbery were committed contemporaneously with the murder.

¶2 After considering the evidence, the court found that the murder was not “especially cruel” or “especially heinous or depraved.” A.R.S. § 13-703(F)(6). Therefore, the court concluded that the (F)(6) aggravating factor was not proved beyond a reasonable doubt. The judge did find beyond a reasonable doubt that Rutledge committed the murder with the expectation of pecuniary gain. A.R.S. § 13-703(F)(5). The court further found no statutory mitigating factors and no non-statutory mitigating factors “sufficiently substantial to call for leniency.” A.R.S. § 13-703(E). The court thus sentenced Rutledge to death for the first degree murder conviction.

¶ 3 Because Rutledge received a death sentence, a mandatory direct appeal was brought to this court. Ariz. R.Crim. P. 26.15, 31.2; A.R.S. § 13-4031 (2001). The State cross-appealed the trial court’s ruling on the (F)(2) aggravating factor.

¶ 4 We affirmed Rutledge’s convictions and all sentences except the sentence of death on direct appeal. See State v. Rutledge, 205 Ariz. 7, 16, ¶ 43, 66 P.3d 50, 59 (2003). While Rutledge’s direct appeal was pending, the United States Supreme Court in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002) (Ring II), held that Arizona’s capital sentencing scheme violated a defendant’s Sixth Amendment right to a jury trial.1

¶ 5 In holding that Arizona’s capital sentencing scheme violates the right to a jury trial guaranteed by the Sixth Amendment to the United States Constitution, the Supreme Court declared that “[cjapital defendants, no less than non-capital defendants ... are entitled to a jury determination of any fact on which the legislature conditions an increase in their maximum punishment.” Id. at 589, 122 S.Ct. at 2432.

¶ 6 Following the Supreme Court’s Ring II decision, we consolidated all death penalty cases in which this court had not yet issued a direct appeal mandate to determine whether Ring II requires this court to reverse or vacate the defendants’ death sentences. State v. Ring, 204 Ariz. 534, 545, ¶ 14, 65 P.3d 915, 926 (2003) (Ring III). In Ring III, we concluded that we will examine a death sentence imposed under Arizona’s superseded capital sentencing statutes for harmless error. Id. at 555, ¶ 53, 65 P.3d at 936.

¶ 7 As a result, we ordered the parties in this case to address the death penalty sentencing issues in supplemental briefs. State v. Ring, Order No. CR-97-0428-AP (July 17, 2002). Those briefs have been filed and we now examine whether Rutledge’s death sentence can stand in light of Ring II. In addition, the State filed a supplemental brief in support of its cross-appeal. Based on our review of the record, we cannot conclude that the Ring II violation constituted harmless error. We also conclude that the trial court did not err in striking the (F)(2) allegation.

II.

¶ 8 Our previous opinion in this matter contains a detailed account of the underlying facts surrounding the crimes. See Rutledge, 205 Ariz. at 9-10, ¶¶ 2-12, 66 P.3d at 52-53. Briefly summarized, the evidence established that Rutledge shot Harris, killing him, and attempted to kill Clayton. After the shootings, Rutledge and his brother took the Ford Explorer Clayton had been driving.

¶ 9 In its special verdict, the trial court found that “the totality of the evidence, circumstantial as it may be, proves beyond a reasonable doubt that pecuniary gain was the motive for these crimes.” Commission of an offense “as consideration for the receipt, or in expectation of the receipt ... of anything of pecuniary value” is an aggravating circumstance. A.R.S. § 13-703(F)(5).

[175] ¶ 10 To establish the pecuniary gain aggravating circumstance, the state must prove that “the expectation of pecuniary gain [wa]s a motive, cause, or impetus for the murder and not merely a result of the murder.” State v. Hyde, 186 Ariz. 252, 280, 921 P.2d 655, 683 (1996) (citing State v. Spencer, 176 Ariz. 36, 43, 859 P.2d 146, 153 (1993)). In other words, there must be proof that “the murder would not have occurred but for the defendant’s pecuniary motive.” Ring III, 204 Ariz. at 560, ¶ 75, 65 P.3d at 941 (citing State v. Harding, 137 Ariz. 278, 296-97, 670 P.2d 383, 401-02 (1983) (Gordon, V.C.J., specially concurring)).

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State v. Rutledge, 76 P.3d 443, 206 Ariz. 172 (Ark. 2003).

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State v. Rutledge
76 P.3d 443 (Arizona Supreme Court, 2003)