State v. Montoya

¶ 19 Squarely in the face of controlling precedent from our supreme court, the majority here ignores not merely stare decisis, but also a clear directive from a higher court presented in State v. Lara, 171 Ariz. 282, 830 P.2d 803 (1992), and, in the process, disallows legislative action that is clearly within the legislature’s authority. I dissent.

¶ 20 In Lara, our supreme court repudiated this court’s holding that, because manslaughter always involves death, the sentence for that crime could not be enhanced by the fact that the defendant caused serious physical injury. 171 Ariz. at 285, 830…