Legal Opinion
State v. Garcia
Court of Appeals of Arizona
Decided September 30, 2014No. 1 CA-CR 13-0434PublishedCited by 7 opinions
1Opinion of the Court
OPINION
THUMMA, Judge.
¶ 1 Defendant Jesus Bias Garcia challenges his theft of means of transportation conviction and resulting sentence. Garcia argues that because he was convicted of armed robbery based on the same conduct, his theft of means of transportation conviction violates his double jeopardy rights. Based on Arizona Supreme Court precedent construing similar offenses, and because the charges arise out of the same conduct, Garcia’s theft of means of transportation conviction and resulting sentence are vacated.
FACTS 1 AND PROCEDURAL HISTORY
¶ 2 In March 2011, Garcia robbed a shopkeeper…
2Cases cited26 opinions
- Illinois v. VitaleSupreme Court of the United States · 1980
- State v. HendersonArizona Supreme Court · 2005
- Carter v. United StatesSupreme Court of the United States · 2000
- State v. CelayaArizona Supreme Court · 1983
- State v. WallArizona Supreme Court · 2006
21 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State of Arizona v. Bobby Ray Carter JrArizona Supreme Court · 2020
- State v. CopeCourt of Appeals of Arizona · 2016
- State v. ErivezCourt of Appeals of Arizona · 2015
- State v. WatsonCourt of Appeals of Arizona · 2020
- State of Arizona v. Francisco Xavier VelozCourt of Appeals of Arizona · 2015
2 more not listed; retrieve them via the Exa API.