State v. Valencia

CAMERON, Justice.

On 17 July 1980, defendant Frank James Valencia was resentenced to death pursuant to A.R.S. § 13-703. Defendant appeals this sentence. We have jurisdiction pursuant to A.R.S. § 13-4031.

We must answer two questions on appeal:

1. Must the matter be returned for retrial because the sentencing judge was not the same judge who tried the matter as required by A.R.S. § 13-703(B)?

2. Was the death sentence mandated in this case?

The facts necessary for a determination of these questions are as follows. On 13 April 1977, defendant was adjudged guilty of first degree murder for the death…