State of Arizona v. Nicolas Luviano

Summary

The court held that felony resisting arrest under A.R.S. § 13-2508(A)(1) and (A)(2) is one unified offense, with the subsections describing alternative means of commission rather than separate crimes. Because the statute creates a single offense, the jury instruction combining the subsections did not violate the right to a unanimous verdict or constitute fundamental, prejudicial error. The court vacated part of the court of appeals’ opinion while affirming the conviction and sentence.