STATE v. RAMIREZ

No. 1 CA-CR 96-0290.

945 P.2d 376 (1997)

190 Ariz. 65

STATE of Arizona, Appellee, v. David Patrick RAMIREZ, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Review Granted October 21, 1997.

Review Dismissed as Improvidently Granted February 6, 1998.


Attorney(s) appearing for the Case

Grant Woods, Arizona Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Joseph T. Maziarz, Assistant Attorney General, Phoenix, for Appellee.

Maricopa County Public Defender by Stephen R. Collins, Deputy Public Defender, Phoenix, for Appellant.


OPINION

NOYES, Presiding Judge.

The jury found Appellant guilty of first degree murder. His defense was that he had acted without premeditation and was therefore guilty of the lesser offense of second degree murder. Because the jury instruction and the State's final argument erroneously implied that premeditation was an instant of time rather than actual reflection, we reverse and remand for new trial.

I.

A young man named David knocked...

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