State of Arizona v. Francisco Antonio Lopez, 230 Ariz. 15

Lopez was convicted after a jury trial of attempted first-degree murder, five counts of aggravated assault, two counts of disorderly conduct, misconduct involving weapons as a prohibited possessor, and attempting to influence a witness.
The offenses arose from Lopez driving with his girlfriend to his brother’s house, firing at the brother’s associates, and evading police for about three weeks before arrest.
The State asserted Lopez intended to kill D. and acted with use of force beyond self-defense, while Lopez did not testify and offered no self-defense justification.
Lopez was sentenced to a combined term totaling 52.5 years, with some terms concurrent and others consecutive.
On appeal, Lopez challenged the sufficiency of evidence for several counts and alleged prosecutorial misconduct related to comments about his right to remain silent.
The Arizona Court of Appeals affirmed Lopez’s convictions and sentences.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for counts 3–7 and 14	Lopez argues the state failed to prove non-self-defense conduct beyond reasonable doubt.	Lopez contends the evidence supports a justification or mutual combat defense.	Evidence supported non-justified conduct; no complete absence of probative facts.
Prosecutorial misconduct from commenting on silence	Lopez claims the prosecutor impermissibly commented on his right to remain silent.	Lopez asserts improper conduct affected trial fairness.	No fundamental, prejudicial error; comment did not violate Fifth Amendment protections.

State v. Robles, 213 Ariz. 268 (Ariz. 2006) (standard for viewing facts in sufficiency review)
State v. Spears, 184 Ariz. 277 (Ariz. 1996) (definition of substantial evidence)
State v. Henry, 205 Ariz. 229 (Ariz. 2003) (sufficiency review may rely on circumstantial or direct evidence)
State v. Carlisle, 198 Ariz. 203 (Ariz. 2000) (complete absence of probative facts standard)
State v. Mauro, 159 Ariz. 186 (Ariz. 1988) (probative evidence standard for review)
State v. Ferraro, 198 P.2d 120 (Ariz. 1948) (scope of witness influence statutes)
Jenkins v. Anderson, 447 U.S. 231 (U.S. 1980) (pre-arrest silence and impeachment considerations)
State v. VanWinkle, 229 Ariz. 233 (Ariz. 2012) (post-arrest pre-Miranda silence commentary)
State v. Ramirez, 178 Ariz. 116 (Ariz. 1994) (pre-Miranda silence commentary authority)
State v. Stevens, 228 Ariz. 411 (Ariz. 2012) (context of Ramirez in appellate discussion)
State v. Henderson, 210 Ariz. 561 (Ariz. 2005) (fundamental error standards on preserved/forfeited claims)
Oplinger, 150 F.3d 1061 (9th Cir. 1998) (pre-arrest silence as non-protected by Fifth Amendment)
Zanabria, 74 F.3d 590 (5th Cir. 1996) (pre-arrest silence admissibility in some circuits)
Rivera, 944 F.2d 1563 (2d Cir. 1991) (pre-arrest silence admissibility in certain contexts)