Arizona Supreme Court

State of Arizona v. Sergio Fierro Jr

September 27, 202280 Arizona Cases Digest 4

Summary

The court held that the trial court fundamentally erred by instructing the jury that attempted second-degree murder could be based on recklessness or knowledge that serious physical injury would result, rather than requiring intent to kill. The court adopted a standalone instruction requiring intentional conduct directed toward causing death but concluded that Fierro failed to show prejudice because the State consistently argued intent to kill, his self-defense theory did not implicate the erroneous alternatives, and the record did not support a different verdict.