John Harvey Adamson v. James G. Ricketts, Director, Arizona Department of Corrections , 865 F.2d 1011 ( 1988 )

BOOCHEVER, Circuit Judge,

concurring:

I do not believe that the trial judge’s prior sentencing of Adamson to a term of 48-49 years for second degree murder pursuant to a plea bargain is a valid basis for holding that imposition of the death sentence, subsequent to the breach of the agreement and after conviction for first degree murder, was arbitrary and capricious.