Legal Opinion

State of Arizona v. Victor Kyle Lizardi

Court of Appeals of Arizona

Decided April 11, 2014No. 2 CA-CR 2013-0188PublishedCited by 8 opinions

1Opinion of the Court

OPINION

MILLER, Judge:

¶ 1 Victor Lizardi appeals his convictions and sentences for first-degree murder and possession of a deadly weapon by a prohibited possessor, contending the trial court erred in its premeditation instruction, its determination he was “on parole” at the time of the prohibited possessor offense, and its order for restitution to the Crime Victim Compensation Fund. For the following reasons, we affirm the convictions and sentences.

Factual and Procedural Background

¶2 We view the facts in the light most favorable to sustaining the jury’s verdicts and resolve all inferences…

2Cases cited29 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. Blakely v. WashingtonSupreme Court of the United States · 2004
  3. Neder v. United StatesSupreme Court of the United States · 1999
  4. Alleyne v. United StatesSupreme Court of the United States · 2013
  5. Sullivan v. LouisianaSupreme Court of the United States · 1993

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3Cited by8 opinions

  1. Niles v. StateCourt of Criminal Appeals of Texas · 2018
  2. State v. CheathamCourt of Appeals of Arizona · 2015
  3. Commonwealth, Aplt. v. Wolfe, M.Supreme Court of Pennsylvania · 2016
  4. Commonwealth, Aplt. v. Wolfe, M.Supreme Court of Pennsylvania · 2016
  5. People v. Molina CA2/7California Court of Appeal · 2014

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