State v. Lopez
234 Ariz. 465
| Ariz. Ct. App. | 2014Background
- Lopez was convicted of arson of an occupied structure and sentenced as a repetitive offender.
- He challenges a jury instruction on transferred knowledge relating to knowingly burning a tarp and the house.
- Evidence showed Lopez lit a tarp attached to a carport and then used a hose to extinguish it.
- The State argued the tarp fire transferred Lopez’s knowledge to the house; Lopez objected to the instruction.
- The court also ruled on two evidentiary issues: brain injury evidence and collateral fight evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Transferred knowledge instruction improper | Lopez argues instruction eliminated element of offense | State contends instruction proper transfer of mental state | Instruction improper; conviction vacated and remanded |
| Preclusion of brain-injury evidence | Evidence relevant to impulsivity should be admitted | No diminished-capacity defense recognized; excluded as such | No error; proper exclusion under law |
| Exclusion of fight evidence (extrinsic impeachment) | Fight-start evidence relevant to credibility of police account | Fight-start question collateral; extrinsic evidence not allowed | No error; collateral matter properly excluded |
Key Cases Cited
- State v. Orendain, 188 Ariz. 54 (Ariz. 1997) (de novo review of jury instructions; harmless-error analysis if timely objection)
- State v. Gomez, 211 Ariz. 494 (Ariz. 2005) (procedural harmless-error framework for instructions)
- State v. Cantua-Ramirez, 149 Ariz. 377 (App. 1986) (bad aim transferred intent example)
- State v. Amaya-Ruiz, 166 Ariz. 152 (Ariz. 1990) (transferred mental state discussion for known conduct)
- Clark v. Arizona, 548 U.S. 735 (U.S. 2006) (due process and admissibility of diminished-capacity evidence)
- State v. Buot, 232 Ariz. 432 (Ariz. Ct. App. 2013) (limitations on impulsivity as a trait to negate knowledge)