State v. West

4 Citing cases

  1. State v. West

    226 Ariz. 559 (Ariz. 2011)   Cited 781 times
    Stating that if the ruling is reversed on appeal, "the verdict of guilt can simply be reinstated"

    ¶ 4 The court of appeals reversed. State v. West, 224 Ariz. 575, 576 ¶ 1, 233 P.3d 1154, 1155 (App. 2010). The court concluded that, in finding "insufficient evidence to support the defendants' convictions" but without identifying any evidentiary or other legal error at trial, the trial court had improperly "re-determined the quantum of evidence in violation of Hyder."

  2. State v. West

    2 CA-CR 2008-0342 (Ariz. Ct. App. Mar. 5, 2012)   Cited 2 times

    We determined the court had erred procedurally in granting the motions and reversed. State v. West, 224 Ariz. 575, 233 P.3d 1154 (App. 2010). The supreme court vacated our decision and remanded the appeal to this court to consider the merits of the state's appeal in light of its decision.

  3. State v. West

    238 Ariz. 482 (Ariz. Ct. App. 2015)   Cited 72 times
    Applying Dixon in finding A.R.S. § 13-3623, proscribing child abuse, is a single unified offense

    Reviewing the trial court's Rule 20 determination for an abuse of discretion, this court reversed. State v. West, 224 Ariz. 575, ¶¶ 8, 15, 233 P.3d 1154, 1156, 1158 (App.2010) (West I ). However, on review, our supreme court clarified that the “question of sufficiency of the evidence is one of law, subject to de novo review on appeal.”

  4. State v. Sprang

    251 P.3d 389 (Ariz. Ct. App. 2011)   Cited 26 times
    In Sprang, we considered the propriety of a trial court providing a second-degree murder instruction in a first-degree murder case.

    A trial court abuses its discretion when it commits an error of law. State v. West, 224 Ariz. 575, ¶ 8, 233 P.3d 1154, 1156 (App. 2010). ¶ 6 Second-degree murder is a lesser-included offense of premeditated first-degree murder, the difference between the two being premeditation.