State v. Miranda, 22 P.3d 506 (Ariz. 2001). · Go Syfert
State v. Miranda, 22 P.3d 506 (Ariz. 2001). Cases Citing This Book View Copy Cite
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cited 6× by 4 distinct cases, 2003–2026 · 2 courts · …defining crimes and fixing punishments are functions of the legislature. at p. 69
172 citation events (172 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Arizona v. Dave Allen Laporte (arizctapp, 2026-06-05)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State of Arizona v. Dave Allen Laporte
Ariz. Ct. App. · 2026 · quote attribution · 1 verbatim quote · confidence high
defining crimes and fixing punishments are functions of the legislature.
discussed Cited as authority (verbatim quote) State v. Robertson
Ariz. Ct. App. · 2024 · quote attribution · 1 verbatim quote · confidence high
courts may not add elements to crimes defined by statute . . ..
examined Cited as authority (verbatim quote) State of Arizona v. Jerry Charles Holle (2×) also: Cited as authority (quoted)
Ariz. · 2016 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
courts may not add elements to crimes defined by statute.
examined Cited as authority (verbatim quote) State of Arizona v. Jerry Charles Holle (4×) also: Cited as authority (quoted)
Ariz. · 2016 · signal: see also · quote attribution · 4 verbatim quotes · confidence high
courts may not add elements to crimes defined by statute.
examined Cited as authority (verbatim quote) State v. Sanders (3×)
Ariz. Ct. App. · 2003 · quote attribution · 3 verbatim quotes · confidence high
defining crimes and fixing punishments are functions of the legislature.
discussed Cited as authority (quoted) Abelardo Chaparro v. David C Shinn
Ariz. · 2020 · quote attribution · 1 verbatim quote · confidence low
defining crimes and fixing punishments are functions of the legislature.
discussed Cited as authority (quoted) John Fitzgerald v. Hon. myers/state Ex Rel Brnovich
Ariz. · 2017 · quote attribution · 1 verbatim quote · confidence low
defining crimes and fixing punishments are functions of the legislature.
discussed Cited as authority (rule) State v. Begaye (2×)
Ariz. Ct. App. · 2024 · confidence medium
The supreme court later “reaffirm[ed its] holding in Angle.” State v. Miranda, 200 Ariz. 67, 69, ¶ 5 (2001).
discussed Cited as authority (rule) State v. Anderson
Ariz. Ct. App. · 2023 · confidence medium
Running away or hiding after a crime has been committed does not by itself prove guilt. ¶40 Anderson contends the flight instruction was unwarranted because he did not leave the crime scene and his presence on the roof of his home when the police arrived at the scene “is insufficient to establish an inference of hiding or concealment.” “[J]ust because he was on the roof of his own home when the police arrived,” he insists, doesn’t prove he was “hiding.” ¶41 “Instructing on flight is proper when the defendant’s conduct manifests a consciousness of guilt.” State v. Cutright…
examined Cited as authority (rule) State v. Williams (3×)
Ariz. Ct. App. · 2023 · confidence medium
State v. Miranda, 200 Ariz. 67, 68, ¶ 3 (2001); State v. Angle, 149 Ariz. 478, 479 (1986).
discussed Cited as authority (rule) State v. Lohmeier
Ariz. Ct. App. · 2023 · confidence medium
Our supreme court has held that Section 13-2904(A)(6) “does not require that one actually disturb the peace of another through certain acts”; instead, it “requires the commission of certain acts with intent to disturb the peace . . . or with knowledge of doing so.” State v. Miranda, 200 Ariz. 67, 69, ¶ 5 (2001) (quotation omitted).
discussed Cited as authority (rule) State v. Multari (2×)
Ariz. Ct. App. · 2015 · confidence medium
State v. Miranda, 200 Ariz. 67, 68, ¶ 3 , 22 P.3d 506, 507 (2001); Angle, 149 Ariz. at 479 , 720 P.2d at 80 . 2 In settling jury instructions, Multari argued R.C. was not placed in reasonable apprehension because of the handgun, but rather his peace was disturbed by Multari’s crossing the street and flashing his cell phone at R.C. 3 STATE v. MULTARI Decision of the Court ¶8 However, a court is required to instruct and provide verdict forms only on “necessarily included offenses.” See Wall, 212 Ariz. at 3, ¶¶ 13-14 , 126 P.3d at 150 ; see also Ariz. R.
discussed Cited as authority (rule) State v. Erivez (2×)
Ariz. Ct. App. · 2015 · confidence medium
State v. Miranda, 200 Ariz. 67, 68, ¶ 3 , 22 P.3d 506, 507 (2001); State v. Angle, 149 Ariz. 478, 479 , 720 P.2d 79, 80 (1986); State v. Foster, 191 Ariz. 355, 357, ¶ 9 , 955 P.2d 993, 995 (App.1998).
examined Cited as authority (rule) State v. Cheramie (3×) also: Cited "see"
Ariz. · 2008 · confidence medium
The legislature defines crimes and their elements, and “[c]ourts may not add elements to crimes defined by statute.” Miranda, 200 Ariz. at 69, ¶ 5 , 22 P.3d at 508 .
discussed Cited as authority (rule) State v. Simpson (2×)
Ariz. Ct. App. · 2007 · confidence medium
Our supreme court has held that because defining crimes is a legislative function, “[c]ourts may not add elements to crimes defined by statute....” State v. Miranda, 200 Ariz. 67, 69, ¶ 5 , 22 P.3d 506, 508 (2001) (disorderly con *329 duct statute does not require that one actually disturb the peace as an element of offense, but only requires commission of certain acts with intent to disturb peace); see also Getz, 189 Ariz. at 563-66 , 944 P.2d at 505-08 (where statute defining offense of sexual abuse under A.R.S. § 13-1404 is “plain on its face,” it must be applied “as written” …
discussed Cited as authority (rule) In Re Jeremiah T.
Ariz. Ct. App. · 2006 · confidence medium
“The elements test requires that commission of the greater offense always result in commission of the lesser offense.” State v. Cutright, 196 Ariz. 567, ¶ 2 , 2 P.3d 657, 662 (App.1999), disapproved on other grounds by State v. Miranda, 200 Ariz. 67, 69 , 22 P.3d 506, 508 (2001). 3 In *33 applying the elements test, “we focus on the elements of each provision” without regard to the facts of the case before us.
discussed Cited as authority (rule) State v. Burdick
Ariz. Ct. App. · 2005 · confidence medium
First, when a defendant is charged with disorderly conduct for disturbing the peace of a particular person, the state is required to prove that the defendant knowingly disturbed the victim’s peace, In re Julio L., 197 Ariz. 1, ¶ 8 , 3 P.3d 383, 385 (2000), or that the defendant intended to do so. 1 State v. Miranda, 200 Ariz. 67, ¶ 5 , 22 P.3d 506, 508 (2001).
discussed Cited as authority (rule) State of Arizona v. Andrew James Raymond Burdick
Ariz. Ct. App. · 2005 · confidence medium
First, when a defendant is charged with disorderly conduct for disturbing the peace of a particular person, the state is required to prove that the defendant knowingly disturbed the victim’s peace, In re Julio L., 197 Ariz. 1, ¶ 8 , 3 P.3d 383, 385 (2000), or that the defendant intended to do so.1 State v. Miranda, 200 Ariz. 67, ¶ 5 , 22 P.3d 506, 508 (2001).
examined Cited as authority (rule) State v. Burdick (6×) also: Cited "see"
Ariz. Ct. App. · 2005 · confidence medium
Burdick notes that Julio L., 191 Ariz. 1, ¶ 8 , 3 P.3d at 385 , stated that a person’s peace must actually be disturbed, while State v. Miranda, 200 Ariz. 67, ¶ 5 , 22 P.3d 506, 508 (2001), pointed out that A.R.S. § 13-2904 actually requires that the defendant act with either the intent to disturb the peace of a person or knowledge of doing so.
discussed Cited as authority (rule) State v. Montoya
Ariz. Ct. App. · 2003 · confidence medium
“Defining crimes and fixing punishments are functions of the legislature.” State v. Miranda, 200 Ariz. 67, 69 , 22 P.3d 506, 508 (2001)(citing State v. Marquez, 127 Ariz. 98, 103 , 618 P.2d 592, 597 (1980)).
discussed Cited "see" State v. Strover
Ariz. Ct. App. · 2023 · signal: see · confidence high
See State v. Cutright, 196 Ariz. 567, 570, ¶ 12 (App. 1999) (“Instructing on flight is proper when . . . there is evidence from which it can be reasonably inferred that the defendant engaged in some ‘eluding’ conduct that [] was an attempt to prevent apprehension . . . .”), disapproved on other grounds by State v. Miranda, 200 Ariz. 67, 69, ¶ 5 (2001). ¶22 Nonetheless, Strover maintains the evidence was insufficient because the State presented no eyewitness testimony identifying him as the shooter.
discussed Cited "see" State v. Estevez
Ariz. Ct. App. · 2023 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, 69, ¶ 7 (2001). ¶25 The superior court declined to instruct on reckless manslaughter because it found “no evidence of any recklessness that was 7 STATE v. ESTEVEZ Decision of the Court presented to the jury.” Yet the court instructed the jury on the definition of “recklessly” and reckless second-degree murder.
discussed Cited "see" State v. Micalizzi
Ariz. Ct. App. · 2021 · signal: see · confidence high
See State v. Cutright, 196 Ariz. 567, 570, ¶ 12 (App. 1999) (“Instructing on flight is appropriate when a defendant’s conduct manifests a consciousness of guilt.”) overruled on other grounds by State v. Miranda, 200 Ariz. 67 (2001).
discussed Cited "see" State v. De Luna
Ariz. Ct. App. · 2020 · signal: see · confidence high
State v. Cota, 229 Ariz. 136, 142, ¶ 11 (2012); State v. Smith, 113 Ariz. 298, 300 (1976); see State v. Cutright, 196 Ariz. 567, 570, ¶ 12 (App. 1999) (instructing the jury on flight is appropriate when a defendant’s conduct manifests a consciousness of guilt), overruled on other grounds, 200 Ariz. 67 (2001). ¶11 Thus, De Luna did not establish that he invoked his Fourth Amendment rights, and his refusal to obey the officers’ orders was admissible to show his consciousness of guilt.
examined Cited "see" Prosise v. Hon kottke/state (6×)
Ariz. Ct. App. · 2020 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, 69, ¶ 5 (2001) (interpreting A.R.S. § 13-2904.A.6). ¶2 Consistent with Julio L., when the State charges a defendant with “seriously disruptive behavior” against a specific individual under § 13-2904.A.1, it must “prove that [the victim’s] peace was indeed disturbed.” See 197 Ariz. at 3, ¶ 8 .
discussed Cited "see" State v. Lynam (2×)
Ariz. Ct. App. · 2016 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67 , 69, ¶ 5, 22 P.3d 506 , 508 (2001) (“Defining crimes and fixing punishments are functions of the legislature.”); State v. Renteria, 126 Ariz. 591, 595 , 617 P.2d 543, 547 (App. 1979) (recognizing that “a mandatory sentence prescribed by the legislature is not an unconstitutional invasion of power of the judiciary” (citing State v. Williams, 115 Ariz. 288, 289 , 564 P.2d 1255, 1256 (App. 1977))); State v. Gooch, 139 Ariz. 365, 367 , 678 P.2d 946, 948 (1984) (“Choosing which offense to prosecute rests within the duty and discretion of the prosecutor…
discussed Cited "see" State v. Dodd
Ariz. Ct. App. · 2016 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, 68, ¶ 3 (2001); State v. Angle, 149 Ariz. 478, 479 (1986). ¶10 A trial court is required to instruct only on “necessarily included offenses.” See State v. Wall, 212 Ariz. 1, 3 , ¶¶ 13–14 (2006); Ariz. R.
discussed Cited "see" State v. Walker (2×)
Ariz. Ct. App. · 2016 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67 , 68 n.1, ¶ 1, 22 P.3d 506 , 507 n.1 (2001) (invited error doctrine does not bar defendant from appealing jury instruction given by superior court at his request when law changed after his trial).
discussed Cited "see" State of Arizona v. Christepher E. Lua (2×)
Ariz. · 2015 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67 , 68 ¶ 2, 22 P.3d 506, 507 (2001); see also Ariz. R.Crim.
discussed Cited "see" State v. Satovich (2×)
Ariz. Ct. App. · 2015 · signal: see · confidence high
See State v. Cutright, 196 Ariz. 567, 570, ¶ 12 , 2 P.3d 657, 660 (App. 1999), disapproved of on other grounds by State v. Miranda, 200 Ariz. 67 , 22 P.3d 506 (2001). ¶18 Although Satovich was found walking on the street, the trial court considered the instruction appropriate based on the totality of the evidence, including the fact that Satovich was initially seen crouching behind the dust collector and later “running and jump[ing] a fence.” The court acknowledged that it was a “matter of perspective” because there was “a question of whether [Satovich] didn’t jump a fence and ru…
discussed Cited "see" Lear v. Fields (2×)
Ariz. Ct. App. · 2011 · signal: see · confidence high
See State v. Miranda, 198 Ariz. 426, ¶ 13 , 10 P.3d 1213, 1216 (App.2000), aff'd, 200 Ariz. 67 , 22 P.3d 506 (2001).
discussed Cited "see" William Allen Lear v. State of Arizona (2×)
Ariz. Ct. App. · 2011 · signal: see · confidence high
See State v. Miranda, 198 Ariz. 426, ¶ 13 , 10 P.3d 1213, 1216 (App. 2000), aff’d, 200 Ariz. 67 , 22 P.3d 506 (2001).
discussed Cited "see" State of Arizona v. Jeffrey Lee Hinden (2×)
Ariz. Ct. App. · 2010 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, ¶ 5 , 22 P.3d 506, 508 (2001) (defining crimes is legislature‟s function and “[c]ourts may not add elements to crimes defined by statute”). ¶13 Finally, our construction of the statute is consistent with the historical purpose of sanctioning burglary at common law.
discussed Cited "see" State v. Hinden (2×)
Ariz. Ct. App. · 2010 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, ¶ 5 , 22 P.3d 506, 508 (2001) (defining crimes is legislature’s function and “[c]ourts may not add elements to crimes defined by statute”). ¶ 13 Finally, our construction of the statute is consistent with the historical purpose of sanctioning burglary at common law.
discussed Cited "see" State v. Rios (2×)
Ariz. Ct. App. · 2007 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, 69, ¶ 5 , 22 P.3d 506, 508 (2001). ¶ 7 In construing a statute, “the court first considers the statute’s language because it is the best and most rehable evidence of the legislative intent.” State v. Jenkins, 193 Ariz. 115, 119, ¶ 11 , 970 P.2d 947, 951 (App.1998) (internal quotes and citation omitted).
discussed Cited "see" State v. Munninger (2×)
Ariz. Ct. App. · 2005 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67 , 68 n. 1, 22 P.3d 506, 507 (2001).
discussed Cited "see" State of Arizona v. Hon. Ehrlich/eric Walker (2×)
Ariz. · 2002 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, 68, ¶ 1 , 22 P.3d 506, 507 (2001).
discussed Cited "see" In Re Leon G. (2×)
Ariz. · 2002 · signal: see · confidence high
See State v. Miranda, 200 Ariz. 67, 68, ¶ 1 , 22 P.3d 506, 507 (2001).
cited Cited "see" In Re Leon G.
Ariz. · 2001 · signal: see · confidence high
See State v. Miranda, 346 Ariz. Adv.
cited Cited "see" State v. Ehrlich
Ariz. · 2001 · signal: see · confidence high
See State v. Miranda, 346 Ariz. Adv.
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
Alex Martinez MIRANDA, Appellant
CR-00-0540-PR.
Arizona Supreme Court.
May 4, 2001.
22 P.3d 506
Janet Napolitano, The Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Consuelo M. Ohane-sian, Assistant Attorney General, Phoenix, Attorneys for the State of Arizona., James J. Haas, Maricopa County Public Defender, by Louise Stark, Deputy Public Defender, Phoenix, Attorneys for Miranda.
Charles, Feldman, Jones, McGREGOR, Stanley, Thomas, Vice-Chief, Zlaket.
Cited by 7 opinions  |  Published
2 passages pin-cited by 4 cases
Pinpoint authority: bottom 89%
Citer courts: Arizona Supreme Court (5)

Janet Napolitano, The Attorney General, by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Consuelo M. Ohanesian,[*507] Assistant Attorney General, Phoenix, Attorneys for the State of Arizona.

James J. Haas, Maricopa County Public Defender, by Louise Stark, Deputy Public Defender, Phoenix, Attorneys for Miranda.

OPINION

McGREGOR, Justice.

¶ 1 Miranda appeals his convictions on three counts of disorderly conduct. He contends that the trial court committed fundamental error when it instructed the jury on disorderly conduct as a lesser-included offense of aggravated assault, with which he also had been charged. The court of appeals affirmed his conviction, and we granted review pursuant to Arizona Rule of Criminal Procedure 31.19. Because Miranda requested the disorderly conduct instruction, we review only for fundamental error.[1]State v. Dickens, 187 Ariz. 1, 22-23, 926 P.2d 468, 489-90 (1996). We approve the decision of the court of appeals and affirm Miranda's convictions.

I.

¶ 2 This court addressed the issue of whether a jury can be instructed on disorderly conduct as a lesser-included offense of aggravated assault in State v. Angle, 149 Ariz. 478, 479, 720 P.2d 79, 80 (1986). An instruction on a lesser-included offense is proper if the crime is in fact a lesser-included offense to the one charged and if the evidence supports the giving of the lesser-included instruction. State v. Celaya, 135 Ariz. 248, 251, 660 P.2d 849, 852 (1983). A lesser-included offense is one "composed solely of some but not all of the elements of the greater crime so that it is impossible to have committed the crime charged without having committed the lesser one." Id.

¶ 3 A person commits disorderly conduct if, "with intent to disturb the peace or quiet of a neighborhood, family or person, or with knowledge of doing so," that person "[r]ecklessly handles, displays or discharges a deadly weapon or dangerous instrument." Ariz.Rev.Stat. (A.R.S.) § 13-2904.A.6 (2001). A person commits aggravated assault by "[i]ntentionally placing another person in reasonable apprehension of imminent physical injury" using "a deadly weapon or dangerous instrument." A.R.S. §§ 13-1203.A.2, 13-1204.A.2 (2001). In Angle, we reasoned that because one cannot place a person in reasonable apprehension of imminent physical danger without in fact also disturbing her peace, all elements of disorderly conduct by reckless display of a firearm are in fact elements of aggravated assault. State v. Angle, 149 Ariz. 499, 508, 720 P.2d 100, 109 (App.1985) (Kleinschmidt, J., dissenting), adopted by 149 Ariz. 478, 479, 720 P.2d 79, 80 (1986). We therefore concluded that disorderly conduct instructions are appropriate in aggravated assault cases if the facts support both instructions. Id.

II.

¶ 4 Subsequent court of appeals decisions interpreted the disorderly conduct statute in ways that conflicted with our holding in Angle. In 1995, the court of appeals held that a conviction for disorderly conduct requires a finding that the victim was in fact at peace when the conduct occurred. In re Maricopa County Juvenile Action No. JV133051, 184 Ariz. 473, 475, 910 P.2d 18, 20 (App.1995). In 1999, the court of appeals concluded that In re JV133051 "undercuts the Angle conclusion that disorderly conduct ... [is] a lesser-included offense of aggravated assault." State v. Cutright, 196 Ariz. 567, 571 ¶ 19, 2 P.3d 657, 661 ¶ 19 (App.1999). The Cutright court held that, "[b]ecause one can commit an assault upon either a peaceful or a disturbed[*508] person, but one can disturb the peace only of the former, it can no longer be said that committing aggravated assault always results in commission of disorderly conduct," and disorderly conduct therefore could not be considered a lesser-included offense of aggravated assault. Id. at ¶ 21, 2 P.3d 657.

¶ 5 The Cutright court was correct in reasoning that, if a showing that the victim was at peace when the conduct occurred constitutes an element of the crime of disorderly conduct, disorderly conduct cannot properly be regarded as a lesser-included offense of aggravated assault. However, the statute defining disorderly conduct does not require that one actually disturb the peace of another through certain acts. Rather, the statute requires the commission of certain acts "with intent to disturb the peace ... or with knowledge of doing so." A.R.S. § 13-2904.A (2001). Defining crimes and fixing punishments are functions of the legislature. E.g., State v. Marquez, 127 Ariz. 98, 103, 618 P.2d 592, 597 (1980). Courts may not add elements to crimes defined by statute, and the court of appeals erred in doing so. We reaffirm our holding in Angle. Insofar as our holding is inconsistent with those of the court of appeals in In re JV133051 and Cutright, we expressly disapprove those opinions.

III.

¶ 6 We now examine whether, on the facts of this case, the court properly instructed the jury. The complaining witness testified that, as she and her son were walking along the sidewalk, she saw the defendant emerge from behind a dumpster with a gun in his hand. She testified that the defendant fired the gun into the ground once, looked at her son and fired once at him, then looked at her and fired once at her. The defendant testified that he fired the gun, which he had just stolen, into the ground to see how it worked. He further testified that he fired the gun only once, and that he neither fired nor pointed the gun at the complaining witness or her son. The police found only one spent shell casing, and a worker in a nearby building testified that she heard only one "popping" noise before the complaining witness came in to call the police. However, the police found two indentations in the ground that were consistent with bullet marks and recovered the stolen gun, which had a seven-round capacity, with only four live rounds remaining.

¶ 7 Although the evidence permits conflicting inferences, the jury could have concluded that the defendant fired one shot into the ground and did not fire again at the complaining witness or her son. The jury reasonably could have found the defendant did not intentionally place the complaining witness and her son in reasonable apprehension of imminent physical injury but did knowingly or intentionally disturb the peace through reckless handling and discharge of a firearm. On these facts, the trial judge did not err in giving the lesser-included instruction.

IV.

¶ 8 For the foregoing reasons, we approve the decision of the court of appeals, reaffirm Angle, and affirm Miranda's convictions.

CONCURRING: THOMAS A. ZLAKET, Chief Justice, CHARLES E. JONES, Vice-Chief Justice, STANLEY G. FELDMAN, Justice, FREDERICK J. MARTONE, Justice.

1 The state, relying on our opinion in State v. Diaz, argues that Miranda waived this claim by requesting the instruction at issue. State v. Diaz, 168 Ariz. 363, 365, 813 P.2d 728, 730 (1991) (holding that where a defendant requests an instruction and later alleges fundamental error, any error is "invited error at its worst, and it is waived for appeal purposes."). However, the doctrine of invited error does not apply when the error is based on a change in law after the defendant's trial. Id. As we discuss below, the court of appeals decision in State v. Cutright, 196 Ariz. 567, 2 P.3d 657 (App.1999), appeared to change the law applicable to the defendant's case. Miranda's request of the lesser-included offense instruction, therefore, does not constitute waiver of his claim.