State v. Nelson

OPINION

JOHNSEN, Judge.

¶ 1 Erik Andrew Nelson appeals his conviction and sentence for negligent homicide. Nelson argues that the trial court erred in instructing the jury on accomplice liability with respect to negligent homicide because the culpable mental state for an offense based on negligence is inconsistent with that required for accomplice liability. In State w. Garnica, 209 Ariz. 96, 99 n. 4, ¶ 16, 98 P.3d 207, 210 n. 4 (App.2004), this court held that accomplice liability could attach to crimes for which the required mental state was recklessness, but we specifically left open for…