Martinez Chavez v. State

SHEPARD, Chief Justice.

The principal question in this case is whether the trial court was justified in overriding the jury’s recommendation against the death penalty.

Appellant Eladio Martinez Chavez and Reynaldo Rondon were tried before a jury and found guilty of murder, Ind.Code § 35-42-1-1(1) (Burns 1985 Repl.), and felony murder, Ind.Code § 35-42-1-1(2) (Burns 1985 Repl.). After the sentencing hearing, the jury recommended the death penalty for Rondon but not for Martinez Chavez. The trial court noted the jury’s recommendation against the death penalty for Martinez Chavez but sentenced him…