302 P.3d 683
Ariz. Ct. App.2013Background
- Williams was convicted of first-degree felony murder, second-degree murder, and unlawful flight for one death.
- The death occurred during a pursuit after Williams swapped cars and led officers on a high-speed chase.
- The State charged felony murder based on unlawful flight, second-degree murder for extreme indifference, and unlawful flight under statutes 13-1105, -1104, and 28-622.01.
- Trial court imposed concurrent sentences: life without eligibility for felony murder, 22 years for second-degree murder, and 2 years for unlawful flight.
- Williams argues the court should vacate the lesser second-degree murder conviction under Canion, given a single death.
- This Court vacates Williams’ second-degree murder conviction and sentence, affirming the rest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams’ second-degree murder conviction must be vacated. | Williams (Canion) argues single death precludes dual murder convictions. | State contends different theories can stand; §13-116 allows concurrent sentences for different statutes. | Yes; second-degree murder conviction vacated. |
Key Cases Cited
- State v. Canion, 199 Ariz. 227 (App. 2000) (vacate lesser murder conviction when one death supports multiple murder charges)
- Ball v. United States, 470 U.S. 856 (1985) (courts must vacate one conviction if Congress did not intend two punishments for same conduct)
- Missouri v. Hunter, 459 U.S. 359 (1983) (legislatures prescribe punishments; courts vacate when needed to reflect congressional intent)
- State v. Henderson, 210 Ariz. 561 (2005) (fundamental error review for double jeopardy; requires prejudice showing)
- State v. Tucker, 205 Ariz. 157 (2003) (discusses theory-based application of double jeopardy in homicide cases)