STATE v. RIOS

No. 1 CA-CR 05-1091.

172 P.3d 844 (2007)

STATE of Arizona, Appellee, v. Rafael RIOS, Jr., Appellant.

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

July 17, 2007.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section, and Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James Haas, Maricopa County Public Defender, by Charles R. Krull, Deputy Public Defender, Phoenix, Attorneys for Appellant.


OPINION

BROWN, Judge.

¶ 1 Rafael Rios, Jr. challenges his felony murder conviction, arguing that the trial court committed reversible error by instructing the jury that Rios could be convicted as an accomplice even if he was not present at the scene of the crime. Rios further contends that the court erred in refusing to instruct the jury that he could be liable for felony murder only if he was "both an accomplice and a participant" in the underlying...

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