State v. Zamora, 681 P.2d 921 (Ariz. Ct. App. 1984). · Go Syfert
State v. Zamora, 681 P.2d 921 (Ariz. Ct. App. 1984). Cases Citing This Book View Copy Cite
40 citation events (27 in the last 25 years) across 6 distinct courts.
Strongest positive: State v. Valenzuela (arizctapp, 2025-12-03)
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984 2005 2026
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Valenzuela
Ariz. Ct. App. · 2025 · confidence medium
“An essential element of self-defense is the accused’s freedom from fault in provoking the difficulty that gives rise to the use of the force.” State v. Zamora, 140 Ariz. 338, 341 (App. 1984). ¶34 The only evidence Zamora provided that he was justified in attacking James was his own testimony.
discussed Cited as authority (rule) State v. Harrell
Ariz. Ct. App. · 2022 · confidence medium
Evid. 403. ¶19 Character evidence is generally inadmissible “to prove that a person acted in conformity therewith,” but “an accused may offer proof of [a] victim’s reputation for violence when an issue of self-defense is raised.” State v. Zamora, 140 Ariz. 338, 340 (App. 1984) (citing Ariz. R.
cited Cited as authority (rule) State v. Rivas
Ariz. Ct. App. · 2021 · confidence medium
State v. Zamora, 140 Ariz. 338, 341 (App. 1984). 5 STATE v. RIVAS Decision of the Court was violated.
discussed Cited as authority (rule) State v. Azar
Ariz. Ct. App. · 2017 · confidence medium
Indeed, trial judges should “exercise restraint in instructing sua sponte on lesser included offenses,” and, in general, a trial court “should withhold charging on lesser included offenses unless one of the parties requests it” because the issue is “best resolved . . . by permitting counsel to decide on tactics.” Gipson, 229 Ariz. at 487 , ¶¶ 15–16 (internal quotations omitted). 5 Citing State v. Zamora, 140 Ariz. 338, 341 (App. 1984), the State argues that gang membership does not correlate to a “reputation for violence” and therefore evidence of gang affiliation is not ad…
cited Cited as authority (rule) State v. Scott
Ariz. Ct. App. · 2016 · confidence medium
Connor, 215 Ariz. at 559 , ¶ 13 (quoting State v. Zamora, 140 Ariz. 338, 341 (App. 1984)).
discussed Cited as authority (rule) State v. Fish
Ariz. Ct. App. · 2009 · confidence medium
State v. Young, 109 Ariz. 221, 223 , 508 P.2d 51, 53 (1973) (specific acts of known prior violence by victim admissible to show defendant’s state of mind and that decedent was of a violent and turbulent disposition); State v. Jackson, 94 Ariz. 117, 120-21 , 382 P.2d 229, 231-32 (1963) (specific acts of prior violence by victim admissible if known by defendant to show defendant’s state of mind); State v. Zamora, 140 Ariz. 338, 341 , 681 P.2d 921, 924 (App.1984) (specific instances of prior violence known by defendant admissible to show state of mind). ¶ 17 Third, evidence of the general re…
discussed Cited as authority (rule) State v. Connor
Ariz. Ct. App. · 2007 · confidence medium
Defendant argues that under the facts of this case he is entitled to discover the victim’s medical records to fully present his justification defense by establishing that, in his encounter with the victim, the victim was the initial aggressor. 2 ¶ 13 When the Defendant raises a justification defense, he is entitled to offer at *559 least some “proof of the victim’s reputation for violence.” State v. Zamora, 140 Ariz. 338, 341 , 681 P.2d 921, 924 (App.1984).
discussed Cited as authority (rule) Commonwealth v. Adjutant
Mass. · 2005 · confidence medium
See, e.g., Higginbotham v. State, 262 Ala. 236, 240 (1955); Allen v. State, 945 P.2d 1233, 1240 (Alaska Ct. App. 1997); State v. Santanna, 153 Ariz. 147, 149 (1987); State v. Zamora, 140 Ariz. 338, 340-341 (Ct. App. 1984); McClellan v. State, 264 Ark. 223, 227 (1978); People v. Ferguson, 43 P.3d 705, 710 (Colo. Ct. App. 2001); Smith v. State, 606 So. 2d 641, 642-643 (Fla. Dist.
cited Cited as authority (rule) State v. Santanna
Ariz. · 1987 · confidence medium
State v. Zamora, 140 Ariz. 338, 341 , 681 P.2d 921, 924 (App.1984); State v. Birdsall, 116 Ariz. 196 , 568 P.2d 1094 (App.1977).
discussed Cited "see" State v. Jaynes
Ariz. Ct. App. · 2023 · signal: see · confidence high
See Carson, 243 Ariz. at 466, ¶ 11 ("[O]nce sufficient self-defense evidence is admitted, the absence of self-defense becomes an additional element the state must prove to convict."). ¶31 "An essential element of self-defense is the accused's freedom from fault in provoking the difficulty that gives rise to the use of the force." State v. Zamora, 140 Ariz. 338, 341 (App. 1984); see A.R.S. § 13-404(B)(3) (stating "the threat or use of physical force against another is not justified" when "the person provoked the other's use or attempted use of unlawful physical force," unless the "person wit…
discussed Cited "see" State v. Crandall (2×)
Ariz. Ct. App. · 2014 · signal: see · confidence high
See State v. Zamora, 140 Ariz. 338, 340-41 , 681 P.2d 921, 923-24 (App. 1984) (permitting defense in an aggravated assault case to introduce specific instances of the victim’s possession of a gun, of which the defendant was aware; evidence was relevant to the defendant’s state of mind at the time of the incident). ¶8 Specific acts by the victim, which influence defendant’s state of mind, are admissible “only if the defendant knew of them . . . or if they are directed toward third persons relating to or growing out of the same transaction, or so proximate in time and place and circumst…
discussed Cited "see" Gibson v. Gunsch (2×)
Ariz. Ct. App. · 1985 · signal: see · confidence high
See State v. Zamora, 140 Ariz. 338 , 681 P.2d 921 (App.1984) (defendant charged with criminal assault may offer proof of victim’s reputation for violence when issue is who was the aggressor).
cited Cited "see" State v. Williams
Ariz. Ct. App. · 1984 · signal: see · confidence high
See State v. Zamora, 681 P.2d 921 , which we have also decided today.
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
Carlos Sauceda ZAMORA, Appellant
1 CA-CR 7109.
Court of Appeals of Arizona.
May 3, 1984.
681 P.2d 921
Robert K. Corbin, Atty. Gen. by William J. Schafer III, Asst. Atty. Gen., Chief Counsel, Criminal Division and Diane M. Ramsey, Asst. Atty. Gen., Phoenix, for ap-pellee., Ross P. Lee, Maricopa County Public Defender by Michael G. Sullivan, Deputy Public Defender, Phoenix, for appellant.
Greer, Meyerson, Froeb.
Cited by 17 opinions  |  Published

OPINION

GREER, Judge.

Defendant was charged by indictment with one count of aggravated assault, a violation of A.R.S. § 13-1204(A)(2). After a jury trial where defendant argued self-defense, defendant was found guilty as charged. The trial judge sentenced the defendant to the presumptive term of 7.5 years for conviction of a class 3 dangerous felony.

On appeal, defendant raises the following issues:

1. Whether the trial judge erred by excluding evidence of the victim’s alleged gang membership and alleged reputation for carrying a gun.
2. Whether the trial court erred by giving a jury instruction on provocation.

We hold that the trial judge did not err, and therefore affirm.

The victim, Ernest Maldonaldo, was riding his bicycle in the town of Guadalupe. He stopped in a driveway to talk to some friends.- As Maldonaldo’s friends dispersed, defendant and James Molina came up to talk to Maldonaldo. Defendant was carrying a .25 automatic pistol and a plastic bag containing paint. Defendant and Molina had been drinking earlier that day and defendant had been sniffing paint. Maldo-naldo remained at the scene and talked with Molina and defendant. Maldonaldo and Molina had an unfriendly conversation. Maldonaldo reached to his pocket and defendant fired one shot into Maldonaldo’s stomach. The evidence showed that Maldo-naldo had a small switchblade in his front pants pocket, but was not carrying a gun at the time of the attack. Defendant and Molina fled the scene, and defendant threw his gun into a canal. The weapon was never recovered. Defendant pled not guilty and asserted the defense of justification at trial.

EXCLUSION OF EVIDENCE

During the trial, defendant attempted to show the victim’s trait for violence, as bearing on whether the victim was the aggressor, by introducing evidence that the victim had a reputation for carrying a gun and by introducing evidence that the victim was a gang member. The trial court disallowed any general questions about the victim’s alleged general reputation for carrying a gun, but allowed evidence of specific instances of the victim’s ownership and possession of guns. The trial judge excluded all references to the victim’s alleged membership in a gang. Defendant now contends that he was denied the opportunity to present relevant evidence of the victim’s character.

Questions as to the admissibility of evidence are within the sound discretion of the trial court and will not be reversed on appeal absent an abuse of discretion. Higgins v. Arizona Savings and Loan Assoc., 90 Ariz. 55, 365 P.2d 476 (1961). Although character evidence is not generally admissible to prove that a person acted in conformity therewith, an accused may offer proof of the victim’s reputation for violence when an issue of self-defense is raised. State v. Birdsall, 116 Ariz. 196, 568 P.2d 1094 (App.1977); Rule 404(a)(2), Arizona Rules of Evidence.

Regarding the exclusion of the victim’s alleged reputation for carrying a gun, we find that the trial judge properly limited the scope of this examination. In our minds, the possession of a pistol is of minimal probative value on the possessor’s aggressive character, especially in these times of increasing violence and fear of crime. See, State v. Canedo, 115 Ariz. 60, 563 P.2d 315 (App.1977); vacated on other grounds, 125 Ariz. 197, 608 P.2d 774 (1980); Udall and Livermore, Arizona Practice— Law of Evidence, § 83 at 175, n. 28 (2nd ed. 1982). Furthermore, there is no indication in the record that the defendant was[*341] aware of any reputation of the victim in the community for carrying a gun or for having a violent nature. The defense was properly allowed to introduce specific instances of the victim’s possession of a gun, of which the defendant was aware, as this evidence was relevant to the defendant’s state of mind at the time of the incident. State v. Jackson, 94 Ariz. 117, 382 P.2d 229 (1963).

Defendant also sought to prove the victim’s violent nature through his supposed gang membership, as evidenced by a tattoo on the victim’s neck. The court sustained the state’s objection to defendant’s questions regarding victim’s tattoo and gang membership. Defendant questioned two police officers on their familiarity with such gangs, but was not allowed to delve into the victim’s relationship to those gangs. After a hearing on the defendant’s offer of proof, the trial judge reaffirmed his ruling.

The trial judge determined that the victim’s alleged gang membership was not relevant to his reputation for violence. We agree. Evidence that the victim allegedly belonged to a gang is not evidence of a trait; it is evidence of a specific prior act, used to show a violent nature circumstantially. Relevant character evidence would be testimony by a witness to the effect that the witness has heard others in the relevant community speak about the victim’s character, and that the community generally speaks of the victim as a violent person. See, Udall and Livermore, Law of Evidence, § 83 (Second Ed., 1982). Specific acts of violence by the victim are admissible only if the defendant knew of them, State v. Jackson, supra, or if they are directed toward third persons relating to or growing out of the same transaction, or so proximate in time and place and circumstances as would legitimately reflect upon the conduct or motives of the parties at the time of the affray. State v. Canedo, supra. See our related discussion in State v. Williams, 1 CA-CR 6207, 6963 (consolidated) also decided today. In this case the defendant made no showing that he knew of any gang called the “Eastsiders,” that he knew the victim was a member of such a gang, that he knew the victim had a tattoo, that he knew the gang to be violent, or that such alleged membership in any way affected or was related to the reasonableness of his actions on the night in question. Additionally, although defendant claimed that two officers would testify that the victim’s tattoo was consistent with a gang called the “Eastsiders,” defendant apparently could not sustain his offer of proof. The victim denied any gang memberships or the existence of a gang called the “East-siders.” One of the two officers testified only that there were three predominant local gangs, none of which was called the “Eastsiders”. Neither testified to the existence of tattoos. The evidence was properly excluded.

JURY INSTRUCTIONS

During trial, the court gave an instruction as follows:

One who is at fault in provoking a difficulty which necessitates his use of force may not rely upon a plea of self-defense to justify or excuse his conduct.

Defendant contends that the evidence does not support a finding that he provoked the incident and that this instruction was in error.

Defendant’s analysis is misapplied. The instruction is a correct statement of Arizona law. A.R.S. § 13-404(B). An essential element of self-defense is the accused’s freedom from fault in provoking the difficulty that gives rise to the use of the force. State v. Sourivathong, 130 Ariz. 461, 636 P.2d 1243 (App.1981). It was the duty of the trier of fact to determine whether or not appellant had a valid claim of justification. Therefore, it was also incumbent upon the trier of fact to determine whether the defendant provoked the encounter. See State v. Islas, 132 Ariz. 590, 647 P.2d 1188 (App.1982).

For the foregoing reasons, the sentence and conviction are affirmed.

MEYERSON, P.J., and FROEB, J., concur.