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STATE v. FIERRO

No. CR-20-0435-PR.

517 P.3d 635 (2022)

The STATE of Arizona, Appellee, v. Sergio FIERRO Jr., Appellant.

Supreme Court of Arizona.

Filed September 27, 2022.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden III , Solicitor General, Linley Wilson , Deputy Solicitor General/Section Chief of Criminal Appeals, Michael T. O'Toole , Assistant Attorney General, Criminal Appeals Section, Kathryn A. Damstra (argued), Assistant Attorney General, Criminal Appeals Section, Tucson, Attorneys for State of Arizona.

Megan Page , Public Defender, Sarah L. Mayhew (argued), Pima County Public Defender's Office, Tucson, Attorneys for Sergio Fierro Jr.

JUSTICE BOLICK authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICE BEENE joined. JUSTICES LOPEZ, MONTGOMERY, and KING dissented.

¶1 In this case, we hold that the trial court committed fundamental error by instructing a jury that a conviction for attempted second degree murder may be based not only on intent to kill but on recklessness or the defendant's knowledge that serious injury would result. This same faulty instruction has...

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