- Associated Press - Wednesday, December 21, 2016

PHOENIX (AP) - The Arizona Supreme Court says prosecutors have more than one chance to declare they’re seeking the death penalty in a murder case.

The court’s decision Wednesday says Maricopa County prosecutors aren’t barred from seeking the death penalty for Jesse Ruben Mesa though they missed a deadline for filing a notice of intent but later had the case dismissed and filed new charges along with a notice of intent.

Mesa awaits trial in the 2014 robbery killing of a Phoenix smoke shop clerk.

Prosecutors originally didn’t file a notice of intent to seek a death sentence but started the case anew and filed a death-sentence notice after being told Mesa shot the clerk and later laughed about it.

The Supreme Court said Mesa hadn’t shown that his legal defense was harmed.



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