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State v. Nunez
Arizona Court of Appeals, Division 1
159 Ariz. 594 (1989)
John Nunez (defendant) went to the home of Leo and Theresa Torres and accused Leo of dating his girlfriend. Theresa called her brother Richard to come over and persuade Nunez to leave. When Richard arrived, Nunez was in the front yard with a gun. Nunez shot Richard, then kicked in the door of the home and shot both Leo and Theresa. Nunez was convicted of three counts of attempted first-degree murder and one count of first-degree burglary. At trial, the judge instructed the jury as to intentional or knowing attempted first-degree murder. Nunez was convicted. On appeal, Nunez challenged the instructions on knowing attempted murder.
Rule of Law
Holding and Reasoning (Greer, J.)
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