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STATE v. GARNICA

No. 1 CA-CR 02-0832.

98 P.3d 207 (2004)

209 Ariz. 96

STATE of Arizona, Appellee, v. Manuel Uriarte GARNICA, Appellant.

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

September 28, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Alan L. Amann, Assistant Attorney General Attorneys, Phoenix, for Appellee.

James J. Haas, Maricopa County Public Defender By Peg Green, Deputy Public Defender Attorneys, Phoenix, for Appellant.

OPINION

BARKER, Judge.

¶ 1 In this Opinion, we address the question of whether a person can be an accomplice to an offense that is premised on a reckless mental state. The specific issue is whether one who must have "the intent to promote or facilitate the commission of an offense" in order to be an accomplice, Ariz.Rev.Stat. ("A.R.S.") § 13-301 (2001) (emphasis added), can do so when the offense requires only a mens rea of recklessness...

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