State v. Bailey

MOELLER, Justice.

JURISDICTION

Defendant John Henry Bailey appeals from a judgment finding him guilty of one count of first degree murder, three counts of attempted armed robbery, and three counts of kidnapping. The murder count was a felony murder. The trial court did not undertake to determine whether defendant was death-qualified under Enmund v. Florida, 458 U.S. 782, 102 S.Ct. 3368, 73 L.Ed.2d 1140 (1982), and Tison v. Arizona, 481 U.S. 137, 107 S.Ct. 1676, 95 L.Ed.2d 127 (1987). The trial court found one statutory aggravating circumstance under A.R.S. § 13-703, pecuniary gain. Regardless…