State v. Hussain, 942 P.2d 1168 (Ariz. Ct. App. 1997). · Go Syfert
State v. Hussain, 942 P.2d 1168 (Ariz. Ct. App. 1997). Cases Citing This Book View Copy Cite
“a trial court . . . does not err in refusing to give a jury instruction that . . . does not fit the facts of the particular case.”
70 citation events (68 in the last 25 years) across 3 distinct courts.
Strongest positive: State v. De Berry (arizctapp, 2023-08-31)
Treatment trajectory · 2000 → 2026 · click a year to view as-of
2000 2013 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) State v. De Berry
Ariz. Ct. App. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
a trial court . . . does not err in refusing to give a jury instruction that . . . does not fit the facts of the particular case.
discussed Cited as authority (rule) State v. Miranda
Ariz. Ct. App. · 2023 · confidence medium
State v. Hurley, 197 Ariz. 400, 402, ¶ 9 (App. 2000). ¶20 Parties are entitled to jury instructions “on any theory of the case reasonably supported by the evidence,” State v. Shumway, 137 Ariz. 5 STATE v. MIRANDA Decision of the Court 585, 588 (1983), but the superior court need not give an instruction that “does not fit the facts of the particular case, or is adequately covered by the other instructions,” State v. Hussain, 189 Ariz. 336, 337 (App. 1997). ¶21 Here, the evidence does not reasonably show that Tania’s statements were involuntary.
discussed Cited as authority (rule) State v. Etienne
Ariz. Ct. App. · 2022 · confidence medium
A party is entitled to a jury instruction on any theory reasonably supported by the evidence, Moody, 208 Ariz. at 467, ¶ 197 , but a court does not err by refusing to give an instruction that “does not fit the facts of the particular case[] or is adequately covered by the other instructions,” State v. Hussain, 189 Ariz. 336, 337 (App. 1997) (citation omitted); see also State v. Mott, 187 Ariz. 536, 546 (1997) (“A trial court is not required to give a proposed instruction when its substance is adequately covered by other instructions.” (citation omitted)).
examined Cited as authority (rule) State of Arizona v. Roger Delane Wilson (3×)
Ariz. Ct. App. · 2022 · confidence medium
The “slightest evidence” of justification is sufficient to entitle the defendant to an instruction, Almeida, 238 Ariz. 77, ¶ 9 (quoting State v. King, 225 Ariz. 87, ¶ 14 (2010)), but if the instruction does not fit the facts of a particular case, the trial court does not err by refusing to give it, State v. Hussain, 189 Ariz. 336, 337 (App. 1997). ¶11 “‘[S]lightest evidence’ is a low standard,” King, 225 Ariz. 87, ¶ 15 (quoting Lujan, 136 Ariz. at 104 ), but speculation or mere inference cannot substitute for evidence, State v. Vassell, 238 Ariz. 281, ¶ 9 (App. 2015).
discussed Cited as authority (rule) State v. Estrada
Ariz. Ct. App. · 2022 · confidence medium
See A.R.S. § 13–105(15) (“’Deadly physical force’ means force that is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.”); State v. Hussain, 189 Ariz. 336, 339 (App. 1997) (concluding that four stab wounds to the victim’s chest constitutes deadly physical force). ¶12 Estrada fails to identify evidence that supports a contrary conclusion; indeed, he admits that he used deadly physical force when he stabbed the victim.
discussed Cited as authority (rule) State v. Repucci (2×)
Ariz. Ct. App. · 2021 · confidence medium
State v. Hussain, 189 Ariz. 336, 337 (App. 1997).
discussed Cited as authority (rule) State v. Ricci
Ariz. Ct. App. · 2021 · confidence medium
State v. Wall, 212 Ariz. 1, 3, ¶ 12 (2006). ¶21 The superior court may refuse a requested jury instruction if it is “adequately covered by the other instructions.” State v. Hussain, 189 Ariz. 336, 337 (App. 1997).
discussed Cited as authority (rule) State v. Brock
Ariz. Ct. App. · 2020 · confidence medium
A party is entitled to a jury instruction on any theory the evidence reasonably supports, State v. Moody, 208 Ariz. 424 , 467 ¶ 197 (2004), but a court does not err by refusing to give a jury instruction that “does not fit the facts of the particular case, or is adequately covered by the other instructions,” State v. Hussain, 189 Ariz. 336, 337 (App. 1997); see also State v. Mott, 187 Ariz. 536, 546 (1997) (“A trial court is not required to give a proposed instruction when its substance is adequately covered by other instructions.”). ¶17 We review de novo whether instructions accurat…
discussed Cited as authority (rule) State v. Brock
Ariz. Ct. App. · 2020 · confidence medium
A party is entitled to a jury instruction on any theory the evidence reasonably supports, State v. Moody, 208 Ariz. 424 , 467 ¶ 197 (2004), but a court does not err by refusing to give a jury instruction that “does not fit the facts of the particular case, or is adequately covered by the other instructions,” State v. Hussain, 189 Ariz. 336, 337 (App. 1997); see also State v. Mott, 187 Ariz. 536, 546 (1997) (“A trial court is not required to give a proposed instruction when its substance is adequately covered by other instructions.”). ¶17 We review de novo whether instructions accurat…
discussed Cited as authority (rule) State v. Marquez
Ariz. Ct. App. · 2018 · confidence medium
Nevertheless, a court does not err by refusing to give a jury instruction that “does not fit the facts of the particular case, or is adequately covered by the other instructions.” State v. Hussain, 189 Ariz. 336, 337 (App. 1997); see also State v. Mott, 187 Ariz. 536, 546 (1997) (“A trial court is not required to give a proposed instruction when its substance is adequately covered by other instructions.”). ¶37 Citing State v. Kerr, 142 Ariz. 426 (App. 1984), Marquez requested the following instruction on constructive possession: “Constructive possession does not apply to an individu…
discussed Cited as authority (rule) State v. Sommerfield
Ariz. Ct. App. · 2017 · confidence medium
A party is entitled to a jury instruction on any theory reasonably supported by the evidence, State v. Moody, 208 Ariz. 424, 467, ¶ 197 (2004), but a court does not err by refusing to give an instruction that “does not fit the facts of the particular case, or is adequately covered by the other instructions.” State v. Hussain, 189 Ariz. 336, 337 (App. 1997); see also State v. Mott, 187 Ariz. 536, 546 (1997) (“A trial court is not required to give a proposed instruction when its substance is adequately covered by other instructions.”).
discussed Cited as authority (rule) State of Arizona v. Ronald Vassell
Ariz. Ct. App. · 2015 · confidence medium
State v. Bolton, 182 Ariz. 290, 309 , 896 P.2d 830, 849 (1995). “ ‘[T]he slightest evidence’ ” of justification requires that a defendant be granted a justification instruction, Ruggiero, 211 Ariz. 262, ¶ 10 , 120 P.3d at 692 , quoting State v. Hussain, 189 A-iz. 336, 337, 942 P.2d 1168, 1169 (App.1997); however, the instruction need not be given “ ‘unless it is reasonably and clearly supported by the evidence.’ ” Id. ¶ 10, quoting State v. Walters, 155 Ariz. 548, 553 , 748 P.2d 777, 782 (App.1987); see also State v. Strayhand, 184 Ariz. 571, 587-88, 911 P.2d 577, 593-94 (App…
examined Cited as authority (rule) State of Arizona v. Andy Daniel Almeida (3×) also: Cited "see, e.g."
Ariz. Ct. App. · 2015 · confidence medium
See, e.g., State v. Korzep (Korzep I), 165 Ariz. 490, 492 , 494 n. 1, 799 P.2d 831, 833 , 835 n. 1 (1990); State v. Garfield, 208 Ariz. 275, ¶ 15 , 92 P.3d 905, 909 (App.2004); State v. Hussain, 189 Ariz. 336, 339 , 942 P.2d 1168,1171 (App.1997). ¶ 18 There are two principal reasons why a crime-prevention instruction is appropriate even when instructions are provided for self-defense and defense of others.
discussed Cited as authority (rule) State v. Robinson
Ariz. Ct. App. · 2015 · confidence medium
The entitlement arises where an instruction is supported by “‘the slightest evidence.’” State v. Hussain, 189 Ariz. 336, 337 , 942 P.2d 1168, 1169 (App. 1997) (quoting State v. Dumaine, 162 Ariz. 392, 404 , 783 P.2d 1184, 1196 (1989)).
discussed Cited as authority (rule) State v. Haney (2×)
Ariz. Ct. App. · 2009 · confidence medium
It is also fundamental error for the trial judge to fail to instruct on vital matters “even if not requested by the defense.” State v. Johnson, 205 Ariz. 413, 417, ¶ 11 , 72 P.3d 343, 347 (App.2003) (quoting State v. Avila, 147 Ariz. 330, 337 , 710 P.2d 440, 447 (1985)). ¶ 13 A justification instruction is warranted if it is supported by the “slightest evidence.” State v. Hussain, 189 Ariz. 336, 337 , 942 P.2d 1168, 1169 (App.1997) (citing State v. Dumaine, 162 Ariz. 392, 404 , 783 P.2d 1184, 1196 (1989)).
discussed Cited as authority (rule) State v. Ruggiero
Ariz. Ct. App. · 2005 · confidence medium
Ruggiero argues that the jury could have found that D. had been committing child molestation and that her actions had been justified to prevent it even though, as the prosecution argued in closing, no “sexual conduct with a minor” had occurred at the time D. was killed. ¶ 10 As Ruggiero correctly argues, “a defendant is entitled to a justification instruction if it is supported by ‘the slightest evidence.’ ” State v. Hussain, 189 Ariz. 336, 337 , 942 P.2d 1168, 1169 (App.1997), quoting State v. Dumaine, 162 Ariz. 392, 404 , 783 P.2d 1184, 1196 (1989).
discussed Cited as authority (rule) State of Arizona v. Renee Sue Ruggiero
Ariz. Ct. App. · 2005 · confidence medium
Ruggiero argues that the jury could have found that D. had been committing child molestation and that her actions had been justified to prevent it even though, as the prosecution argued in closing, no “sexual conduct with a minor” had occurred at the time D. was killed. ¶10 As Ruggiero correctly argues, “a defendant is entitled to a justification instruction if it is supported by ‘the slightest evidence.’” State v. Hussain, 189 Ariz. 336, 337 , 942 P.2d 1168, 1169 (App. 1997), quoting State v. Dumaine, 162 Ariz. 392, 404 , 783 P.2d 1184, 1196 (1989).
discussed Cited as authority (rule) State v. Barraza (2×)
Ariz. Ct. App. · 2005 · confidence medium
See, e.g., State v. Taylor, 169 Ariz. 121, 122 , 817 P.2d 488, 489 (1991); Korzep, 165 Ariz. at 492 , 799 P.2d at 833 ; State v. Garfield, 208 Ariz. 275, 277, ¶ 5 , 92 P.3d 905, 907 (App.2004); State v. Hussain, 189 Ariz. 336, 337 , 942 P.2d 1168, 1169 (App.1997); State v. Thomason, 162 Ariz. 363, 363 , 783 P.2d 809, 809 (App.1989).
discussed Cited "see" State v. Riester
Ariz. Ct. App. · 2020 · signal: see · confidence high
See State v. Hussain, 189 Ariz. 336, 337 (App. 1997) (the superior court does not err in refusing to give an instruction that does not fit the facts of the case).
discussed Cited "see" State v. Leibly (2×)
Ariz. Ct. App. · 2014 · signal: see · confidence high
See Henderson, 210 Ariz. at 567 , ¶¶ 19–20, 115 P.3d at 607 . ¶8 Although a defendant is entitled to a “justification [defense] instruction if it is supported by the slightest evidence,” the superior court, “does not err in refusing to give a jury instruction that . . . does not fit the facts of the particular case.” State v. Hussain, 189 Ariz. 336, 337 , 942 P.2d 1168, 1169 (App. 1997) (citation omitted) (internal quotations omitted).
examined Cited "see" State v. Benson (4×) also: Cited "see, e.g."
Ariz. Ct. App. · 2014 · signal: see · confidence high
See State v. Hussain, 189 Ariz. 336, 338 , 942 P.2d 1168, 1170 (App. 1997) (holding defendant’s version of events provided the requisite “slightest evidence” to support crime-prevention defense instruction). 3 STATE v. BENSON Decision of the Court ¶8 According to the State, Benson’s belief F.B. was going to kill or severely injure him was unreasonable.
discussed Cited "see" State of Arizona v. Travis Hamilton Nereim (2×)
Ariz. Ct. App. · 2014 · signal: see · confidence high
See State v. Hussain, 189 Ariz. 336, 337 , 942 P.2d 1168, 1169 (App.1997) (trial court does not err in refusing to give jury instruction that is incorrect statement of law). ¶ 20 We also briefly address Nereim’s claim that Instruction No. 16, which required the state to prove “the defendant acted under circumstances other than [those] likely to cause death or serious physical injury,” was both misleading and confusing.
discussed Cited "see" State of Arizona v. Alice C. Jeffrey (2×)
Ariz. Ct. App. · 2002 · signal: see · confidence high
See State v. Hussain, 189 Ariz. 336 , 942 P.2d 1168 (App. 1997) (defendants are not entitled to jury instructions based on incorrect statements of law).
discussed Cited "see" State v. Jeffrey (2×)
Ariz. Ct. App. · 2002 · signal: see · confidence high
See State v. Hussain, 189 Ariz. 336 , 942 P.2d 1168 (App.1997) (defendants are not entitled to jury instructions based on incorrect statements of law).
discussed Cited "see" State v. Affordable Bail Bonds (2×)
Ariz. Ct. App. · 2000 · signal: see · confidence high
See State v. Hussain, 189 Ariz. 336, 338 , 942 P.2d 1168, 1170 (App.1997)(hotel room qualifies as a residential structure under Arizona’s similarly broad burglary statute); see also State v. Decker, 119 Ariz. 195, 197 , 580 P.2d 333, 335 (1978)(hotel room is as much the object of Fourth Amendment protection as a home or office).
discussed Cited "see, e.g." United States v. Rivera-Oros (2×)
10th Cir. · 2009 · signal: see also · confidence low
Id.; see also State v. Hussain, 189 Ariz. 336 , 942 P.2d 1168, 1170 (1997) (holding that a motel room qualifies as a residential structure); State v. Bass, 184 Ariz. 543 , 911 P.2d 549, 550-52 (1995) (noting that trial court properly instructed jury concerning only burglary of a non-residential structure, where structure at issue was an “almost-completed log cabin home” that lacked a certificate of occupancy, water, electricity, and doors, and prosecution failed to introduce substantial contrary evidence that the structure was “adapted for both human residence and lodging”); State v. E…
discussed Cited "see, e.g." State v. White (2×)
S.C. · 2002 · signal: see also · confidence low
See also State v. Hussain, 189 Ariz. 336 , 942 P.2d 1168 (App.1997)(motel room qualifies as a “residential structure” within burglary statute); People v. Fleetwood, 171 Cal.App.3d 982 , 217 Cal.Rptr. 612 (1985)(historieally and traditionally, hotel rooms have been included within the definition of dwelling house); Commonwealth v. Correia, 17 Mass.App.Ct. 233 , 457 N.E.2d 648 (Mass.1983)(motel constituted a “dwelling house” within purview of statute prohibiting breaking and entering a dwelling house in the nighttime).
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
John HUSSAIN, Appellant
1 CA-CR 96-0388.
Court of Appeals of Arizona.
Jul 29, 1997.
942 P.2d 1168
Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and R. Wayne Ford, Assistant Attorney General, Phoenix, for Appellee., Black & Gottlieb by Stacey F. Gottlieb, Phoenix, for Appellant.
Weisberg, Kleinschmidt, Voss.
Cited by 31 opinions  |  Published
Pinpoint authority: bottom 50%

OPINION

WEISBERG, Judge.

John Hussain (“defendant”) appeals his conviction and sentence for aggravated assault, a class 3 dangerous felony. We re[*337] verse because the trial court erred by denying defendant’s request for a jury instruction on the justification defense of Ariz.Rev.Stat. Ann. (“A.R.S.”) section 13-411.

FACTS AND PROCEDURAL HISTORY

The victim, “Billy,” first met defendant on the afternoon of April 27, 1995. Later that day, Billy saw defendant sitting in front of a Phoenix motel. Defendant told Billy that he was unable to rent a motel room because he did not have proper identification. Although Billy had no identification either, he convinced another acquaintance, J.S., to rent a room for defendant at the motel. The three men then went to the room and drank beer. J.S. left soon thereafter.

Later that evening, Billy purchased two “rocks” of crack cocaine and brought them back to the motel room where he and defendant smoked them. After defendant fell asleep, Billy left the motel room, purchased more beer, and brought another friend back to the room for a drink. After the friend left, Billy fell asleep.

The next morning, defendant accused Billy of having stolen $10 from him. When Billy denied stealing the money, defendant picked up a knife and said, “Come into the shower. I want to make this quiet.” Billy attempted to flee, and a struggle ensued. Billy was able to escape, but not before defendant stabbed him four times in the chest.

Defendant gave the police a much different version of the stabbing incident. He claimed that he awoke and found a stranger standing in his motel room. He confronted the stranger and demanded to know what he was doing in his room. In response, the man threatened him with a knife. During the ensuing struggle, the stranger was stabbed with the knife.

Defendant was indicted on one count of aggravated assault involving the use of a deadly weapon or dangerous instrument. A jury returned a guilty verdict and the trial court sentenced defendant to a prison term of nine years. Defendant timely appealed his conviction and sentence to this court. This court has jurisdiction under Arizona Constitution, Article 6, Section 9, and Arizona Revised Statutes Annotated (“A.R.S.”), §§ 12-120.21(A)(1), 13-4031 and 13-4033(A)(1).

DISCUSSION

I. DENIAL OF REQUESTED JURY INSTRUCTIONS ON JUSTIFICATION

Defendant first argues that the trial court erred in denying three of his requested jury instructions on the defense of justification. Defendant had requested that the trial court instruct the jury on justification for the use of physical force (1) in self-defense, see A.R.S. § 13-404; (2) in prevention of the commission of a first- or second-degree burglary, see A.R.S. § 13-411(A); (3) in defense of premises, see A.R.S. § 13-407; and (4) in defense of property, see A.R.S. § 13-408. The trial court denied all but the self-defense instruction, concluding that the evidence did not support the others, and that the self-defense instruction adequately “cover[ed] what the testimony state[d].”

We first note that a defendant is entitled to a justification instruction if it is supported by “the slightest evidence.” See State v. Dumaine, 162 Ariz. 392, 404, 783 P.2d 1184, 1196 (1989). A trial court, however, does not err in refusing to give a jury instruction that is an incorrect statement of the law, does not fit the facts of the particular case, or is adequately covered by the other instructions. State v. Lambright, 138 Ariz. 63, 74, 673 P.2d 1, 12 (1983), overruled on other grounds, Hedlund v. Sheldon, 173 Ariz. 143, 146, 840 P.2d 1008, 1011 (1992). Here, the trial court concluded that the refused justification instructions were not supported by the facts, and that they were adequately covered by the self-defense instruction. In this light, we consider each instruction in turn.

A. Crime Prevention

The trial court denied defendant’s request that it instruct the jury, pursuant to A.R.S. section 13-411(A), that “[a] defendant is justified in threatening or using both physical force and deadly physical force to prevent the commission of the crime of burglary in the first or second degree.” We conclude[*338] that the evidence supported this instruction and that the trial court, therefore, erred in denying it.

A person commits second-degree burglary by “entering or remaining unlawfully in or on a residential structure with the intent to commit any theft or any felony therein.” A.R.S. § 13-1507(A). If, in addition, the person knowingly possesses a deadly weapon or dangerous instrument, he or she commits first-degree burglary. See A.R.S. § 13-1508(A).

The jury heard testimony that defendant awakened to find a man standing in his motel room. When defendant demanded to know what the man was doing, the man threatened him with a knife, and a struggle ensued.

Defendant’s motel room qualifies as a “residential structure” within the burglary statute. See A.R.S. § 13-1501(7); State v. Gardella, 156 Ariz. 340, 342, 751 P.2d 1000, 1002 (App.1988). Further, at least according to defendant’s version of the incident, the victim “remained] unlawfully ... with the intent to commit” an assault upon the defendant, see A.R.S. § 13-1507(A), and he knowingly possessed a deadly weapon or dangerous instrument, see A.R.S. § 13-1508(A). Thus, defendant’s version of the incident provided “the slightest evidence” in support of the theory that he was justified in using deadly physical force against the victim to prevent the commission of a burglary in the first- or second-degree. See A.R.S. § 13-411(A). [1]

On the face of the statute, then, defendant would be entitled to the requested instruction. But in State v. Thomason, 162 Ariz. 363, 366, 783 P.2d 809, 812 (App.1989), this court, relying on the legislative intent behind section 13-411, held that the justification defense embodied in the statute “is available only when a home, its contents, or the residents therein are being protected by the use of physical force or deadly physical force against another.” Thus, defendant would be entitled to the requested instruction only if his motel room was a “home” within the meaning of A.R.S. section 13-411.

The state has not argued that defendant should be treated differently from a registered motel guest because he did not pay for the motel room. It argues only that the “crime prevention” defense is unavailable to him because he was in a motel room, rather than a home. We therefore accept that defendant had a reasonable expectation of privacy in the motel room at the time of the incident. See, e.g., Rakas v. Illinois, 439 U.S. 128, 143, 99 S.Ct. 421, 430, 58 L.Ed.2d 387 (1978) (the protection of the Fourth Amendment depends on whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place).

When interpreting a statute, our goal is “to fulfill the intent of the legislature that wrote it.” State v. Williams, 175 Ariz. 98, 100, 854 P.2d 131, 133 (1993). Fortunately, the legislative intent behind A.R.S. section 13-411 is expressly set forth in a “Declaration of policy” accompanying the statute. That declaration provides in part:

A The legislature finds that homes of Arizona residents are being burglarized and violated at an alarming and unacceptable rate that is endangering the residents’ safety, health and property, thereby depriving them of their safe and peaceful enjoyment of their homes.
B. It is the legislative intent to establish a policy by this law giving notice to all citizens, law enforcement personnel and the state courts that a person’s home, its contents and the residents therein shall be totally respected and protected in Arizona, and that the law enforcement officials and courts shall apply this and all other applicable criminal laws relating to the protection of the home and its residents promptly and severely so as to restore the total sanctity of the home in Arizona.

Ariz.Sess.Laws 1990, ch. 410, § 3.

Given the legislature’s intent that “a person’s home, its contents and the residents[*339] therein shall be totally respected and protected,” we believe that the legislature intended that those same “residents” and “contents” be afforded equal respect and protection when they reside temporarily within a rented motel room. In other words, for the purposes of A.R.S. section 13-411, we find no meaningful distinction between the security and privacy expected in a longstanding “home” and the security and privacy expected in a motel or hotel room. Certainly, for the period of occupancy, that room serves as a person’s temporary “home,” being that place where the person retires to engage in those personal aspects of life, such as sleep or relaxation, which normally occur in the home. We therefore hold that an occupied motel or hotel room is the equivalent of a “home” for the purposes of the justification defense provided by A.R.S. section 13-411. [2]

The state nevertheless argues that the requested A.R.S. section 13-411 instruction was adequately covered by the self-defense instruction given by the trial court. We disagree.

A.R.S. section 13-411 differs from the other justification statutes in that it permits a person to employ deadly physical force “if and to the extent the person reasonably believes [it] is immediately necessary” to prevent the commission of any of several enumerated crimes, see A.R.S. § 13-411(A), rather than only in response to another person’s use or attempted use of unlawful deadly physical force, see A.R.S. § 13-405. State v. Korzep, 165 Ariz. 490, 492, 799 P.2d 831, 833 (1990). In addition, pursuant to A.R.S. section 13-411(C), a person is presumed to be acting reasonably if he or she is acting to prevent the commission of any of the offenses listed in A.R.S. section 13-411(A). Thus, the self-defense instruction given to the jury in this case could not have adequately covered the requested instruction premised on A.R.S. section 13-411. See Korzep, 165 Ariz. at 492, 799 P.2d at 833. For these reasons, the absence of the A.R.S. section 13-411 instruction cannot have been harmless error.

We therefore conclude that defendant was entitled to the requested jury instruction, and that the trial court committed reversible error in denying it. See id. at 494, 799 P.2d at 835. We next address the remainder of defendant’s arguments because they are likely to recur upon retrial.

B. Defense of Premises

Pursuant to A.R.S. section 13-407, the use of physical force in defense of premises is justified “to the extent that a reasonable person would believe it immediately necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises.” A.R.S. § 13-407(A). But, a person may use deadly physical force under such circumstances only to defend himself or third persons. A.R.S. § 13-407(B). “Deadly physical force” is “force which is used with the purpose of causing death or serious physical injury or in the manner of its use or intended use is capable of creating a substantial risk of causing death or serious physical injury.” A.R.S. § 13-105(12)(1996).

The undisputed evidence established that defendant stabbed the victim four times in the chest. The jury, therefore, could not have reasonably concluded that defendant used anything less than deadly physical force against the victim and, pursuant to A.R.S. section 13-407(B), this “deadly physical force” was justified only if used in self-defense. Accordingly, because the trial court instructed the jury on self-defense, it did not err in denying defendant’s request for a separate defense-of-premises instruction. See State v. McIntyre, 106 Ariz. 439, 445, 477 P.2d 529, 535 (1970) (“The long-established rule is that where requested instructions are adequately covered by other instructions of[*340] the trial court, it is not error to refuse them.”).

C. Defense of Property

A.R.S. section 13-408 provides:

A person is justified in using physical force against another when and to the extent that a reasonable person would believe it necessary to prevent what a reasonable person would believe is an attempt or commission by the other person of theft or criminal damage involving tangible movable property under his possession or control!.]

The statute further provides that a person may use deadly physical force only in self-defense or the defense of a third person, or to prevent commission of one of the crimes enumerated in A.R.S. section 13-411(A).

We need not decide whether the evidence supported giving this instruction because we conclude that, even if it did, the instruction is adequately covered by the self-defense instruction and the crime prevention instruction. As we concluded in the previous section, the jury could only have found that defendant used deadly physical force. Therefore, the requested defense-of-property instruction was adequately covered by the self-defense instruction to the extent the deadly force was based upon self-defense. In addition, to the extent the deadly force was based upon the prevention of a burglary, the defense-of-property instruction would be adequately covered by the crime prevention instruction, which we have concluded the trial court should have given. Accordingly, assuming similar evidence upon retrial, the trial court would not err by refusing to give defendant’s requested defense-of-property instruction.

II. DENIAL OF REQUESTED JURY INSTRUCTION ON REASONABLE DOUBT

Defendant also argues that the trial court erred in denying his request that it amend the reasonable doubt instruction approved in State v. Portillo, 182 Ariz. 592, 898 P.2d 970 (1995). In Portillo, the Arizona Supreme Court held that, after January 1, 1996, trial courts are required to give the reasonable doubt instruction set forth in that case. Id. at 596, 898 P.2d at 974. Here, the trial court properly gave the Portillo reasonable doubt instruction. We find no error.

CONCLUSION

Because we conclude that the trial court erred in denying defendant’s request for an A.R.S. section 13-411 justification instruction, we reverse defendant’s conviction and remand for further proceedings consistent with this opinion.

KLEINSCHMIDT and VOSS, JJ., concur.
1

. The requested jury instruction addressed only • defendant’s right to use physical force to prevent the commission of a first- or second-degree burglary. We note, however, that defendant’s version of the incident also provided evidence to support an instruction concerning his justification to use physical force to prevent the commission of an aggravated assault under A.R.S. section 13-1204(A)(1) and (2).

2

. This conclusion is consistent with the treatment afforded those occupants of hotel and motel rooms who have a legitimate expectation of privacy under Fourth Amendment search and seizure analysis. See Hoffa v. United States, 385 U.S. 293, 301, 87 S.Ct. 408, 413, 17 L.Ed.2d 374 (1966) ("What the Fourth Amendment protects is the security a man relies upon when he places himself or his property within a constitutionally protected area, be it his home or his office, his hotel room or his automobile.”); State v. Decker, 119 Ariz. 195, 197, 580 P.2d 333, 335 (1978).