State v. Smith

MOELLER, Justice.

JURISDICTION

This is an appeal by Edward Neil Smith (defendant) from a conviction on two counts of first degree murder and one count of escape. Defendant was sentenced to two concurrent life terms for murder to be served consecutively to an eight-year term for escape. This court has jurisdiction pursuant to Ariz. Const, art. 6, § 5(3), A.R.S. §§ 13-4031 and -4033, and Ariz.R. Crim.P. 31, 17 A.R.S.

ISSUES

1. Whether failure to give a “proximate cause” instruction in connection with the felony murder instruction constituted fundamental error.

2. Whether the prosecutor’s closing…