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174 Ariz. 131

847 P.2d 1078

129 Ariz.Adv.Rep. 3

State v. Lopez

Arizona Supreme Court

Decided December 22, 1992

Arizona Supreme Court · decided 1992-12-22

Key passage — most relied on by later courts

“conceded that there was little or no evidence of intent to kill and that the most probable explanation for the child's death was that Defendant became enraged, lost control, and beat the child quite seriously.”

quoted by 1 later decision, including Lopez v. Schriro

“`any of the circumstances of the offense.'”

quoted by 1 later decision, including Lopez v. Schriro

Relies on Lewis v. Adamson · Richmond v. Lewis · Lewis v. Adamson

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-22

How this case has been cited

Cited by 78 later decisions (2 by the Supreme Court) — most recently April 2018 · most notably State v. Gulbrandson (1995), State v. Murray (1995)

2 federal appellate · 71 state decisions

340199220002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

FELDMAN, Chief Justice,

¶1specially concurring.

¶2I concur with the result reached by the court and with its analysis, except with respect to the question of compliance with the statutory requirement for findings. In a death case the court must make a “special verdict setting forth its findings as to the existence or nonexistence of each of the circumstances set forth in subsection (F) of this section [statutory aggravating circumstances] and as to the existence of any of the circumstances included in subsection (G) [mitigating circumstances] of this section.” A.R.S. § 13-703(D).

¶3In passing on the question of whether to impose death or a life sentence, the court is required to consider both the aggravating and mitigating circumstances. A.R.S. § 13-703(E). Among the mitigating circumstances that must be considered and on which findings are required under § 13-703(D) are “any of the circumstances of the offense.” A.R.S. § 13-703(G). The most relevant circumstance, under the facts of this case, is the possibility that Defendant may never have formed an intent to kill. At oral argument, in fact, the prosecution effectively conceded that there was little or no evidence of intent to kill and that the most probable explanation for the child’s death was that Defendant became enraged, lost control, and beat the child quite seriously. The prosecutor also conceded that a lack of intent to kill would be a mitigating factor but argued that it did not outweigh the aggravating factors. That weighing process, of course, was for the trial court. We must ask, therefore, what the trial court found regarding Defendant’s intent.

¶4*146Despite the special verdict and finding requirement of A.R.S. § 13-703(D), the trial judge did not state her findings on Defendant’s intent and its effect, if any, on the consequent weighing of mitigating versus aggravating factors. We have held that § 13-703(D) does not require the trial court to compile a laundry list of every possible item of mitigating evidence. State v. McCall, 160 Ariz. 119, 125, 770 P.2d 1165, 1171 (1989) (citing State v. Leslie, 147 Ariz. 38, 50, 708 P.2d 719, 731 (1985)), cert. denied, 497 U.S. 1031, 110 S.Ct. 3289, 111 L.Ed.2d 798 (1990). Nevertheless, if the statute is to be given any meaning, it should be interpreted to require, at the least, that the trial court make findings on the most important, relevant issues raised by the evidence.

¶5In the present case, the trial judge made only the non-specific statement that she had “considered all the evidence____” No doubt this is true, though it is rare for a trial judge to admit to having failed to consider all of the relevant evidence. The problem is that we do not know what evidence the trial judge thought relevant or, if she made any finding on intent, how she weighed it. Defendant’s intent was the main factual issue in the sentencing phase of the case. Absent a finding on this issue, I believe this court is unable to perform its independent duty of review. I would therefore affirm the conviction and remand for findings on the question of intent to kill. At that point, and at that point only, will it be possible to determine on review the weighing of aggravating and mitigating circumstances. See, e.g., Richmond v. Lewis, — U.S. -, 113 S.Ct. 528, 121 L.Ed.2d 411 (1992).

¶6I am authorized to state that Justice CAMERON (retired) agrees with these views.

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