State v. Ramos, 648 P.2d 119 (Ariz. 1982). · Go Syfert
State v. Ramos, 648 P.2d 119 (Ariz. 1982). Cases Citing This Book View Copy Cite
132 citation events (36 in the last 25 years) across 7 distinct courts.
Strongest positive: State v. Green (arizctapp, 2018-02-22) · Strongest negative: State v. Mott (ariz, 1997-01-16)
Treatment trajectory · 1982 → 2026 · click a year to view as-of
1982 2004 2026
Top citers, strongest first. 35 distinct citers. How cited ↗
examined Cited "but see" State v. Mott (3×) also: Cited as authority (rule)
Ariz. · 1997 · signal: but see · confidence high
But see id. at-, 116 S.Ct. at 2031 (O’Con-nor, Stevens, Souter & Breyer, JJ.) (finding Justice Ginsberg’s reading of Montana law "plainly inconsistent with that given by the Montana Supreme Court”). .
discussed Cited as authority (verbatim quote) State v. Green
Ariz. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
intent to commit theft or any felony can be shown by circumstantial evidence.
examined Cited as authority (verbatim quote) State v. Brown (2×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2003 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
the statutorily presumptive term of imprisonment for the crime for which appellant was found guilty is five years. a.r.s. 13 - 701(b)(2).
examined Cited as authority (verbatim quote) Montana v. Egelhoff (6×) also: Cited as authority (quoted), Cited as authority (rule)
SCOTUS · 1996 · quote attribution · 4 verbatim quotes · confidence high
perhaps the state of mind which needs to be proven here is a watered down mens rea; however, this is the prerogative of the legislature.
examined Cited as authority (quoted) State of Arizona v. Stephen Jay Malone Jr (2×)
Ariz. · 2019 · signal: see, e.g. · quote attribution · 2 verbatim quotes · confidence low
psychiatric testimony to negate specific intent has consistently been excluded.
discussed Cited as authority (rule) Nees v. Phoenix, City of (2×) also: Cited "see, e.g."
D. Ariz. · 2022 · confidence medium
Midas Muffler Shop v. Ellison, 133 Ariz. 4 194, 198 (Ct. App. 1982) (quoting Restatement (Second) of Torts § 46 cmt. d).
discussed Cited as authority (rule) State of Arizona v. Christopher Arevalo
Ariz. · 2020 · confidence medium
“An act of the legislature is presumed constitutional, and where there is a reasonable, even though debatable, basis for enactment of the statute, the act will be upheld unless it is clearly unconstitutional.” State v. Ramos, 133 Ariz. 4, 6 (1982); see Gomez v. United States, 490 U.S. 858, 864 (1989) (“It is our settled policy to avoid an interpretation of a federal statute that engenders constitutional issues if a reasonable alternative interpretation poses no constitutional question.”); cf. Antonin Scalia & Bryan A. Garner, Reading Law: The Interpretation of Legal Texts 247–51 (201…
discussed Cited as authority (rule) In Re Tyrus T.
Ariz. Ct. App. · 2019 · confidence medium
State v. Ramos, 133 Ariz. 4, 6 (1982) (citation omitted). ¶11 When the state seeks to transfer a juvenile to adult court, Arizona Revised Statutes (A.R.S.) section 8-327(C) (2019) 2 requires the state to prove “by a preponderance of the evidence that probable cause exists to believe that the offense was committed, that the juvenile committed the offense and that the public safety would best be served by the transfer of the juvenile for criminal prosecution. . . .” In determining whether the public safety would be best served by transferring the juvenile, the court “shall consider the fo…
discussed Cited as authority (rule) Summerlin v. Stewart
9th Cir. · 2005 · confidence medium
Tatro’s conclusion was that no guilt phase defense was avail- able under the M’Naghten test, which had been adopted by Arizona “as the sole standard for criminal responsibility.” State v. Ramos, 648 P.2d 119, 121 (Ariz. 1982).
discussed Cited as authority (rule) Warren Wesley Summerlin v. Dora B. Schriro, Director of Arizona Department of Corrections (2×)
9th Cir. · 2005 · confidence medium
Ta-tro’s conclusion was that no guilt phase defense was available under the M’Ntighten test, which had been adopted by Arizona “as the sole standard for criminal responsibility.” State v. Ramos, 133 Ariz. 4 , 648 P.2d 119, 121 (1982).
discussed Cited as authority (rule) State v. Berger (2×)
Ariz. Ct. App. · 2004 · confidence medium
State v. Ramos, 133 Ariz. 4, 7 , 648 P.2d 119, 122 (1982).
discussed Cited as authority (rule) State v. Akins
Ariz. Ct. App. · 2003 · confidence medium
The State notes that in determining the constitutionality of a statute, a strong presumption of constitutionality exists, see State v. Tocco, 156 Ariz. 110, 112 , 750 P.2d 868, 870 (App.1986) (citing State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982)), and a statute must be interpreted “as a whole” with each of its provisions “given meaningful operation.” Wyatt v. Wehmueller, 167 Ariz. 281, 284 , 806 P.2d 870, 873 (1991) (citing Kriz v. Buckeye Petroleum Co., 145 Ariz. 374, 377 , 701 P.2d 1182, 1185 (1985)). ¶ 14 However, in interpreting a statute we apply the plain meaning of …
discussed Cited as authority (rule) Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of Corrections (2×)
9th Cir. · 2003 · confidence medium
At the time, Arizona had adopted the M’Naghten test “as the sole standard for criminal responsibility.” State v. Ramos, 133 Ariz. 4 , 648 P.2d 119, 121 (1982) (internal quotation marks omitted).
discussed Cited as authority (rule) In Re Brandon H.
Ariz. Ct. App. · 1999 · confidence medium
If ordered by the court, the department shall restrict the person’s privilege to drive between the person’s home, school and place of employment during specified periods of time according to the person’s school and employment schedule. ¶ 8 “Statutes are presumed to be constitutional and where there is a reasonable, even though debatable, basis for the statute, an act will be upheld unless it is clearly unconstitutional.” State v. Cameron, 185 Ariz. 467, 469 , 916 P.2d 1183, 1185 (App.1996) (citing State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982)).
cited Cited as authority (rule) State v. Parker
Ala. Crim. App. · 1997 · confidence medium
E.g., State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
cited Cited as authority (rule) State v. Cameron
Ariz. Ct. App. · 1996 · confidence medium
State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
cited Cited as authority (rule) State v. Brito
Ariz. Ct. App. · 1995 · confidence medium
E.g., State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
discussed Cited as authority (rule) State v. Gallegos (2×)
Ariz. · 1994 · confidence medium
In 1980, the legislature directly addressed this issue when it amended § 13-503 to provide that a jury may consider voluntary intoxication only when determining whether a defendant acted with the culpable mental state of “intentionally or with the intent to.” 2 And, previous decisions by this court illustrate that the law in Arizona is clear: “the jury may not consider voluntary intoxication with respect to the defendant’s culpable mental state [of knowingly].” State v. Schurz, 176 Ariz. 46, 55 , 859 P.2d 156, 165 (1993) (emphasis added); accord State v. Rankovich, 159 Ariz. 116, 12…
discussed Cited as authority (rule) E.C. Garcia & Co. v. Arizona State Department of Revenue (2×)
Ariz. Ct. App. · 1993 · confidence medium
State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
cited Cited as authority (rule) Cactus Wren Partners v. Arizona Department of Building & Fire Safety
Ariz. Ct. App. · 1993 · confidence medium
E.g., State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982); Eastin v. Broomfield, 116 Ariz. 576, 580 , 570 P.2d 744, 748 (1977).
cited Cited as authority (rule) State v. Schurz
Ariz. · 1993 · confidence medium
State *55 v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
discussed Cited as authority (rule) State v. Lopez
Ariz. · 1990 · confidence medium
The jury may consider voluntary intoxication to negate the mental state of “intentionally” but not the mental state of “knowingly.” See A.R.S. § 13-503; State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
discussed Cited as authority (rule) State v. Rankovich
Ariz. · 1988 · confidence medium
State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982) (evidence of intoxication allowed to negate the mental state of “intentionally,” but not the mental state of “knowingly”).
cited Cited as authority (rule) State v. Day
Ariz. · 1986 · confidence medium
State v. Ramos, 133 Ariz. 4, 7 , 648 P.2d 119, 122 (1982).
discussed Cited as authority (rule) State v. Reffitt
Ariz. · 1985 · confidence medium
See A.R.S. § 13-503; State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982) (evidence of intoxication allowed to negate the mental state of “intentionally,” but not the mental state of “knowingly”); State v. Neal, 143 Ariz. 93, 97 , 692 P.2d 272, 277 (1984) (first degree murder requires “intentional” or “knowing” mens rea on part of assailant and voluntary intoxication only negates “intentional” mens rea).
discussed Cited as authority (rule) State v. Chudy
Ariz. Ct. App. · 1985 · confidence medium
The sentence imposed was not only within the statutory limits and followed an adequate investigation into the facts, State v. Ramos, 133 Ariz. 4, 7 , 648 P.2d 119, 122 (1982), but it also complied with the terms of the plea agreement. 1 Affirmed.
examined Cited "see" State Ex Rel. Horne v. Autozone, Inc. (4×)
Ariz. Ct. App. · 2011 · signal: see · confidence high
State v. Robles, 128 Ariz. 89, 90 , 623 P.2d 1245, 1246 (App. 1980); see State v. Ramos, 133 Ariz. 12, 14 , 648 P.2d 127, 129 (App. 1981) (Hathaway, J., dissenting), rev’d, 133 Ariz. 4 , 648 P.2d 119 (1982); see also 1977 Ariz. Sess.
discussed Cited "see" LaGrand v. Stewart (2×)
9th Cir. · 1998 · signal: see · confidence high
See State v. Ramos, 133 Ariz. 12 , 648 P.2d 127 (App.1981), vacated, 133 Ariz. 4 , 648 P.2d 119 (1982).
discussed Cited "see" 98 Cal. Daily Op. Serv. 433, 98 Daily Journal D.A.R. 631 Karl Hinze Lagrand v. Terry Stewart, Director, Arizona Department of Corrections, Walter Burnhart Lagrand v. Terry Stewart, Director, Arizona Department of Corrections (2×)
9th Cir. · 1998 · signal: see · confidence high
See State v. Ramos, 133 Ariz. 12 , 648 P.2d 127 (App.1981), vacated, 133 Ariz. 4 , 648 P.2d 119 (1982). 131 Furthermore, Karl's counsel did not ignore evidence of defendant's impulsivity.
discussed Cited "see" State v. Terrell (2×)
Ariz. Ct. App. · 1991 · signal: see · confidence high
See State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
discussed Cited "see" State v. Bridgeforth (2×)
Ariz. · 1988 · signal: see · confidence high
See State v. Ramos, 133 Ariz. 4 , 648 P.2d 119 (1982).
examined Cited "see" Abruska v. State (5×)
Alaska Ct. App. · 1985 · signal: see · confidence high
See State v. Ramos, 133 Ariz. 4 , 648 P.2d 119 (1982).
cited Cited "see" Neitzel v. State
Alaska Ct. App. · 1982 · signal: accord · confidence high
Accord State v. Ramos, 648 P.2d 119, 120-22 (Ariz.1982); People v. LeGrand, 61 A.D.2d 815 , 402 N.Y.S.2d 209, 211 , cert. denied, 439 U.S. 835 , 99 S.Ct. 117 , 58 L.Ed.2d 130 (1978).
discussed Cited "see, e.g." State v. Bithell (2×)
Ariz. Ct. App. · 2017 · signal: see also · confidence low
We disagree. ¶13 “Criminal intent, being a state of mind, is shown by circumstantial evidence.” State v. Routhier, 137 Ariz. 90, 99 , 669 P.2d 68, 77 (1983) (citation omitted); see also State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982) (citations omitted) (“Intent to commit theft or any felony can be shown by circumstantial evidence.”); State v. Fulminante, 193 Ariz. 485, 494, ¶ 27 , 975 P.2d 75, 84 (1999) (stating that the defendant’s “false, misleading, and inconsistent statements to police,” and others, demonstrated the defendant’s “consciousness of guilt”).
discussed Cited "see, e.g." In Re Miguel R. (2×)
Ariz. Ct. App. · 2003 · signal: see also · confidence low
See Brandon, 195 Ariz. at 388 , 988 P.2d at 620 ; see also State v. Ramos, 133 Ariz. 4, 6 , 648 P.2d 119, 121 (1982).
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
Cruz Oscar RAMOS, Appellant
5489-PR.
Arizona Supreme Court.
Jun 30, 1982.
648 P.2d 119
Robert K. Corbin, Atty. Gen. by William J. Schafer III, and Gary A. Fadell, Asst. Attys. Gen., Phoenix, for appellee., David M. Gerson, Tucson, for appellant.
Hays, Holohan, Gordon, Cameron, Feldman.
Cited by 62 opinions  |  Published
3 passages pin-cited by 3 cases
Pinpoint authority: #25,640 of 633,719
Citer courts: Arizona Supreme Court (2) · Supreme Court (2) · Court of Appeals of Arizona (1)
HAYS, Justice.

After a jury trial, appellant Cruz Oscar Ramos was found guilty of theft of property pursuant to A.R.S. § 13-1802(A)(5) and was sentenced to a term of eight years. The Court of Appeals reversed and remanded. After denial of its motion for rehearing, the state filed a timely petition for review which we granted.

We take jurisdiction pursuant to A.R.S. § 12-120.24 and 17 A.R.S. Rules of Criminal Procedure, rule 31.19. The question presented is whether A.R.S. § 13-503, as amended, is violative of due process. Because we hold that the statute is not unconstitutional, we also address appellant’s contention that his sentence is excessive. The opinion of the Court of Appeals is vacated.

Appellant’s conviction stems from the theft of a Ford Bronco from a Tucson restaurant parking lot. Police attempted to stop appellant near the Mexican border for exceeding the speed limit. A registration check of the Ford Bronco indicated it had been reported as stolen. Following a high-speed chase, appellant was apprehended. He was intoxicated at the time.

At trial appellant requested that the court instruct the jury pursuant to A.R.S. § 13-503, as amended, that it could consider the effects of intoxication upon appellant’s culpable mental state. The statute provides:

“No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition, but when the actual existence of the culpable mental state of intentionally or with the intent to is a necessary element to constitute any particular species or degree of offense, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the culpable mental state with which he committed the act.” (Emphasis added).

The trial court refused to give the requested instruction.

Prior to April 23, 1980, the jury could consider the fact that an accused was intoxicated in determining whether he had the required mental state to commit the act. [1] Today the jury may consider such intoxication only if the crime charged requires the culpable mental state of intentionally or with the intent to. [2]

CONSTITUTIONALITY OF STATUTE

Appellant was charged with theft pursuant to A.R.S. § 13-1802(A)(5) which provides:

“A. A person commits theft if, without lawful authority, such person knowingly :
5. Controls property of another knowing or having reason to know that the[*6] property was stolen; ...” (Emphasis added).

Appellant contends the jury could not consider his intoxication to determine whether he committed the crime “knowingly”; therefore, the state was relieved of proving an element of the crime charged. A divided Court of Appeals held that A.R.S. § 13-503, as amended, was an unconstitutional violation of the due process clause of the fourteenth amendment. We find the statute to be constitutional. An act of the legislature is presumed constitutional, and where there is a reasonable, even though debatable, basis for enactment of the statute, the act will be upheld unless it is clearly unconstitutional. State v. Murphy, 117 Ariz. 57, 61, 570 P.2d 1070, 1074 (1977).

In the instant case, the prosecution is not relieved of the ultimate burden of persuasion. Perhaps the state of mind which needs to be proven here is a watered down mens rea; however, this is the prerogative of the legislature. The legislature has wide latitude in promulgating state substantive criminal law. The United States Constitution reserves to the states considerable freedom in defining crimes, including mental elements required, and in establishing penalties for the crimes defined. See Powell v. Texas, 392 U.S. 514, 535-36, 88 S.Ct. 2145, 2156, 20 L.Ed.2d 1254 (1968).

Judge Hathaway, in his well-reasoned dissent, draws an analogy to the insanity defense. Arizona has adopted the M’Naghten test for sanity as the sole standard for criminal responsibility. State v. Christensen, 129 Ariz. 32, 35, 628 P.2d 580, 583 (1981); A.R.S. § 13-502. The defenses of diminished capacity and irresistible impulse have been rejected by the legislature even though they might be relevant to the accused’s state of mind. Psychiatric testimony to negate specific intent has consistently been excluded. State v. Laffoon, 125 Ariz. 484, 486, 610 P.2d 1045, 1047 (1980).

Here, even though intoxication might be relevant to appellant’s culpable mental state, the legislature has chosen not to allow evidence of intoxication to negate such mental state. It may have been more consistent had the legislature also excluded evidence of intoxication for crimes requiring the culpable mental state of intentionally, or had it included both knowingly and intentionally in the statute. We must, however, interpret the law as written. O’Mal-ley Lumber Co. v. Riley, 126 Ariz. 166, 169, 613 P.2d 629, 631 (App.1980); Ernst v. Collins, 81 Ariz. 178, 181, 302 P.2d 941, 943 (1956).

In the instant case, appellant contends ' that A.R.S. § 13-503 creates a presumption that the crime was committed knowingly. We disagree. The jury was not instructed to presume the element of knowledge. It was instructed that the state must prove each element of the charge beyond a reasonable doubt. Additionally, it was instructed that the crime required, inter alia, the culpable mental state of knowingly.

The state introduced evidence by the owner of the truck that the truck was taken without his permission and that the ignition was tampered with, making use of a key unnecessary. Evidence was also presented regarding the arresting officer’s attempts to stop the truck, the subsequent chase, and appellant’s control of the vehicle when it was stopped. Intent to commit theft or any felony can be shown by circumstantial evidence. State v. Brooks, 126 Ariz. 395, 399, 616 P.2d 70, 74 (App.1980); State v. Taylor, 25 Ariz.App. 497, 499, 544 P.2d 714, 716 (1976). The jury could properly infer the requisite mental state from the proffered evidence.

Evidence, even though relevant, may sometimes be excluded for reasons of policy. See generally State ex rel. Pope v. Superior Court, 113 Ariz. 22, 545 P.2d 946 (1976). In this ease, public policy dictates that one who voluntarily seeks the influence of alcohol should not be insulated from criminal responsibility. Furthermore, evidence of intoxication is not necessarily relevant.

“The great majority of moderately to grossly drunk or drugged persons who commit putatively criminal acts are probably aware of what they are doing and the likely consequences. In the case of[*7] those who are drunk, alcohol may have diminished their perceptions, released their inhibitions and clouded their reasoning and judgment, but they still have sufficient capacity for the conscious mental processes required by the ordinary definitions of all or most specific mens re a crimes.”

State v. Stasio, 78 N.J. 467, 478, 396 A.2d 1129, 1134 (1979) (citing Murphy, “Has Pennsylvania Found a Satisfactory Intoxication Defense ?, 81 Dick.L.Rev. 199, 208 (1977)). Additionally, if one trusts in the adage “in vino veritas” the law allows conviction of those whose acts while intoxicated have exposed their true nature.

The legislature has made a policy decision which resulted in passage of A.R.S. § 13-503. The state still has the burden of proving each element of the crime charged beyond a reasonable doubt.

EXCESSIVE SENTENCE

Because we find the statute is not unconstitutional, we must address appellant’s contention that his sentence to a term of eight years is excessive. A sentence imposed within the statutory limits will not be reduced unless a clear abuse of discretion is demonstrated. State V. Gray, 122 Ariz. 445, 448, 595 P.2d 990, 993 (1979). An abuse of discretion will not be found absent a decision characterized by arbitrariness, capriciousness, or failure to conduct adequate investigation into facts relevant to sentencing. State v. Gordon, 125 Ariz. 425, 428, 610 P.2d 59, 62 (1980).

The statutorily presumptive term of imprisonment for the crime for which appellant was found guilty is five years. A.R.S. § 13-701(B)(2). A presumptive sentence may, however, be increased or decreased by the trial court if aggravating or mitigating circumstances are present. A.R.S. § 13-702(B).

The trial court conducted a presentence hearing and found that the behavior exhibited by appellant as he attempted to elude police was of a dangerous nature. Appellant drove at very high speeds through a residential area. He also tried to force the police vehicle off the road. The court further noted appellant’s lack of respect for the law and property of other people, as well as his previous misdemeanor convictions for attempted burglary. The only mitigating circumstance the court found was appellant’s age — 23 years old. Our review of the record fails to disclose any actions of the trial court amounting to abuse of discretion. We find no error.

The opinion of the Court of Appeals is vacated. The judgment of conviction and the sentence are affirmed.

HOLOHAN, C. J., GORDON, V. C. J., and CAMERON and FELDMAN, JJ., concur.
1

. Prior to April 23, 1980, A.R.S. § 13-503 stated:

“No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition, but when the actual existence of any particular culpable mental state is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the culpable mental state with which he committed the act.” (Emphasis added).
2

. Under the new criminal code the terms "general” and “specific intent” are no longer used. They have been replaced by the concept of “culpable mental state” which is comprised of intentionally, knowingly, recklessly, and with criminal negligence. A.R.S. § 13-105(5) as amended.