Court of Appeals of Arizona· 12/18/2003

State v. Ontiveros

Citations

81 P.3d 330
206 Ariz. 539
415 Ariz. Adv. Rep. 3
2003 Ariz. App. LEXIS 204

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

noting State’s closing argument, which focused on intent, “did not help to alleviate the error in the instruction”
reversing on fundamental error grounds, even where defendant claimed he did not commit acts alleged, in light of trial evidence and State’s argument focusing on erroneous mental state in jury instructions
conviction could not be based on erroneous jury instruction that permitted jury to convict defendant \for a non-existent offense\
“The offense of attempted second-degree murder requires proof that the defendant intended or knew that his conduct would cause death.”
“A person may not be convicted of attempted second-degree murder unless it is proven that he intends or knows that his conduct will cause death.”
correctly instructed jury could have found defendant who admitted shooting victim intended to injure not kill

Source: CourtListener parenthetical corpus (CC0).

Judges: Donn, Gemmill, Kessler, Murray, Snow

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Cites

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