State v. Miranda, 10 P.3d 1213 (Ariz. Ct. App. 2000). · Go Syfert
State v. Miranda, 10 P.3d 1213 (Ariz. Ct. App. 2000). Cases Citing This Book View Copy Cite
36 citation events (36 in the last 25 years) across 4 distinct courts.
Strongest positive: State v. Pino (arizctapp, 2014-12-23)
Treatment trajectory · 2001 → 2026 · click a year to view as-of
2001 2013 2026
Top citers, strongest first. 17 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State v. Pino (2×)
Ariz. Ct. App. · 2014 · quote attribution · 2 verbatim quotes · confidence high
isorderly conduct under section 13-2904(a)(6) is a lesser- included offense of aggravated assault under section 13-1204(a)(2).
cited Cited as authority (rule) State v. Lohmeier
Ariz. Ct. App. · 2023 · confidence medium
State v. Miranda, 198 Ariz. 426, 429, ¶ 13 (App. 2000).
discussed Cited as authority (rule) State v. Peltz
Ariz. Ct. App. · 2017 · confidence medium
Thomas v. Duncan, 216 Ariz. 260, n.7 , 165 P.3d 238 , 243 n.7 (App. 2007) (noting that, even if judgment of acquittal granted on charged offense, “lesser included offense would still be applicable”); State v. Miranda, 198 Ariz. 426, ¶ 9 , 10 P.3d 1213, 1215 (App. 2000) (instruction on lesser-included offense proper if supported by evidence). ¶ 10 The trial court did not, in any event, err in denying Peltz’s Rule 20 motion because there was substantial evidence that J.K. had suffered a “serious physical injury.” See State v. West, 226 Ariz. 559, ¶¶ 15-16 , 250 P.3d 1188, 1191 (201…
discussed Cited as authority (rule) State of Arizona v. Austin Garrett Hansen (2×)
Ariz. Ct. App. · 2015 · confidence medium
In the former, our supreme court has required such action in Rich, 184 Ariz. at 181 , 907 P.2d at 1384 , and we are not at liberty to ignore this precedent, 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). ¶24 Under controlling Arizona case law, the trial court here would have erred by simply ignoring the not guilty verdict on the 6A third possible situation, which was contemplated in Powell, 469 U.S. at 69 n.8, occurs when a jury returns verdicts of guilt on separate offenses but the “verdict on one count logically exc…
discussed Cited as authority (rule) State of West Virginia v. Ronald Goins
W. Va. · 2013 · confidence medium
Each shot . . . required that defendant employ his thought processes each time he fired the weapon.”); State v. Miranda, 10 P.3d 1213, 1217 (Ariz. Ct. App. 2000) (holding that three successive shots supported three separate convictions); Gray v. United States, 585 A.2d 164, 165 (D.C. 1991) (holding that as to three separate shots into a dwelling, each shot constituted a separate offense); People v. Harris, 695 N.E.2d 447, 457 (Ill. 1998) (finding as to two consecutive shots into a vehicle each shot constituted a “discrete physical act”); State v. Morrow, 888 S.W.2d 387 , 392–93 (Mo. Ct…
discussed Cited as authority (rule) State of West Virginia v. Ronald Goins
W. Va. · 2013 · confidence medium
Each shot ... required that defendant employ his thought processes each time he fired the weapon.”); State v. Miranda, 198 Ariz. 426 , 10 P.3d 1213, 1217 (Ariz.Ct.App.2000) (holding that three successive shots supported three separate convictions); Gray v. United States, 585 A.2d 164, 165 (D.C.1991) (holding that as to three separate shots into a dwelling, each shot constituted a separate offense); People v. Harris, 182 Ill.2d 114 , 230 Ill.Dec. 957 , 695 N.E.2d 447, 457 (1998) (finding as to two consecutive shots into a vehicle each shot constituted a “discrete physical act”); State v. …
discussed Cited as authority (rule) State v. Fimbres
Ariz. Ct. App. · 2009 · confidence medium
He also argues that Gillies was published simply because it was a death penalty case and claims that, "if the supreme court were to actually accept review on th[e issue in Gillies ] and subject it to meaningful analysis, its decision would be different.” We reject Fimbres's suggestion that noncapital issues in capital cases do not receive “meaningful analysis.” Furthermore, ”[t]his court is bound by the decisions of the supreme court and has 'no authority to overrule, modify, or disregard them.' ” State v. Miranda, 198 Ariz. 426, ¶ 13 , 10 P.3d 1213, 1216 (App.2000), approved, 200 A…
discussed Cited as authority (rule) State of Arizona v. Javier Fimbres
Ariz. Ct. App. · 2009 · confidence medium
A store security specialist testified that Fimbres used MasterCard number “9221” to purchase a video game system for the decisions of the supreme court and has ‘no authority to overrule, modify, or disregard them.’” State v. Miranda, 198 Ariz. 426, ¶ 13 , 10 P.3d 1213, 1216 (App. 2000), approved, 200 Ariz. 67 , 22 P.3d 506 (2001), quoting State v. Thompson, 194 Ariz. 295, ¶ 20 , 981 P.2d 595, 598 (App. 1999). 8 $648.59 on June 1.
discussed Cited as authority (rule) Phelps Dodge Corp. v. Arizona Elec. Power Co-Op., Inc. (2×)
Ariz. Ct. App. · 2004 · confidence medium
State v. Miranda, 198 Ariz. 426, 429, ¶ 13 , 10 P.3d 1213, 1216 (App.2000), aff'd, 200 Ariz. 67 , 22 P.3d 506 (2001).
discussed Cited "see" Trujillo v. Presbyterian Healthcare Serv., Inc.
N.M. · 2025 · signal: see · confidence high
See Spurlock v. Townes, 2016-NMSC-014, ¶ 14 , 368 10 P.3d 1213 (comparing traditional principles of respondeat superior with an aided-in- 11 agency theory for establishing vicarious liability). 12 {13} Here, Plaintiff has alleged that the Radiologists were Presbyterian’s apparent 13 agents.
discussed Cited "see" State v. Figueroa (2×)
Ariz. Ct. App. · 2018 · signal: see · confidence high
See State v. Miranda, 198 Ariz. 426, 430, ¶ 20 (App. 2000) (multiple counts of disorderly conduct did not violate double jeopardy where the defendant fired a series of three gunshots). ¶32 For these reasons, the imposition of sentences in the remaining counts did not violate Figueroa’s double jeopardy rights.
cited Cited "see" State v. Rodriguez
Ariz. Ct. App. · 2017 · signal: see · confidence high
See State v. Miranda, 198 Ariz. 426, 430, ¶ 17 (App. 2000).
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" 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" Stephens v. Commonwealth (2×)
Va. Ct. App. · 2001 · signal: see · confidence high
See State v. Miranda, 198 Ariz. 426 , 10 P.3d 1213, 1217 (Ct.App.2000) (holding defendant was properly convicted of three separate offenses where he fired three successive shots at a mother and her son); Gray v. United States, 585 A.2d 164, 165 (D.C.1991) (holding that where defendant fired three separate shots into a dwelling, each shot constituted a separate offense); People v. Harris, 182 Ill.2d 114 , 230 Ill.Dec. 957 , 695 N.E.2d 447, 457 (1998) (finding that where defendant fired two consecutive shots into a vehicle, each shot constituted a "discrete physical act” supporting two convict…
discussed Cited "see, e.g." State of Arizona v. Alvin Edward Williams (2×)
Ariz. Ct. App. · 2008 · signal: see also · confidence low
See Fell, 210 Ariz. 554, ¶ 28 , 115 P.3d at 601 , affirming State v. Fell, 209 Ariz. 77 , 97 P.3d 902 (App. 2004); see also State v. Miranda, 198 Ariz. 426, ¶ 13 , 10 P.3d 1213, 1216 (App. 2000). 4 ¶7 As the state correctly points out, Williams made no argument below based on his state constitutional right to appeal.
discussed Cited "see, e.g." State v. Williams (2×)
Ariz. Ct. App. · 2008 · signal: see also · confidence low
See Fell, 210 Ariz. 554, ¶ 28 , 115 P.3d at 601 , affirming State v. Fell, 209 Ariz. 77 , 97 P.3d 902 (App.2004); see also State v. Miranda, 198 Ariz. 426, ¶ 13 , 10 P.3d 1213, 1216 (App.2000). 3 .
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
Alex Martinez MIRANDA, Appellant
1 CA-CR99-0550.
Court of Appeals of Arizona.
Sep 28, 2000.
10 P.3d 1213
Janet Napolitano, Attorney General By Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and Consuelo M. Ohanesian, Assistant Attorney General, Phoenix, Attorneys for Appellee., Dean W. Trebesch, Maricopa County Public Defender By Louise Stark, Deputy Public Defender, Phoenix, Attorneys for Appellant.
Timmer, Toci, Gerber.
Cited by 22 opinions  |  Published

OPINION

TIMMER, Judge.

¶ 1 Alex Martinez Miranda appeals his convictions and sentences on three counts of[*427] disorderly conduct in violation of Arizona Revised Statutes Annotated (“A.R.S.”) section 13-2904(A)(6)(1998). For the reasons that follow, we affirm Miranda’s convictions and affirm his sentences, as modified.

FACTS AND PROCEDURAL HISTORY

¶ 2 In July 1998, Miranda stole a handgun from a parked vehicle, intending to sell it. He then went behind a building and inspected his find just as Pamela H. and her four-year-old son were walking nearby. Miranda admits he fired the gun once into the ground in the presence of Pamela and her son to determine if the gun was loaded. According to Pamela, he then fired the weapon two more times, once toward Pamela and once toward her son when they were approximately thirty feet from Miranda.

¶3 The state charged Miranda with two counts of aggravated assault against Pamela and her son pursuant to A.R.S. section 13-1204(A)(2) (Supp.1998). Miranda was also charged with disorderly conduct pursuant to A.R.S. section 13-2904(A)(6) (Supp.1999) for intentionally or knowingly disturbing the peace and quiet of a neighborhood, family, or person by recklessly handling, displaying, or discharging a gun.

¶4 At trial, Miranda asked the court to instruct the jury that disorderly conduct under A.R.S. section 13-2904(A)(6) is a lesser-included offense of the two aggravated assaults charged against him. Over the state’s objection, the trial court gave the instruction, and the jury subsequently convicted Miranda of two counts of felony disorderly conduct rather than the aggravated assaults charged against him. The jury also convicted him of the disorderly conduct offense originally charged by the state. Miranda thereafter was sentenced to consecutive, aggravated prison terms of three years for each of the convictions.

¶ 5 We address three issues [1] in this opinion:

1. Did the trial court err by instructing the jury that disorderly conduct under A.R.S. section 13-2904(A)(6) is a lesser-included offense of the aggravated assaults charged against him?
2. Did the trial court err by imposing consecutive sentences for the convictions?
3. Because only two victims were disturbed, did Miranda’s convictions for three counts of disturbing the peace violate his right to be free from double jeopardy?

DISCUSSION

I. THE LESSER-INCLUDED OFFENSE INSTRUCTION

¶ 6 Miranda initially argues the trial court erred by instructing the jury that disorderly conduct under A.R.S. section 13-2904(A)(6) is a lesser-included offense of the aggravated assaults charged against him under counts 1 and 2 of the indictment pursuant to A.R.S. section 13 — 1204(A)(2). Because Miranda requested the instruction, we review for fundamental error. State v. Dickens, 187 Ariz. 1, 22-23, 926 P.2d 468, 489-90 (1996).

¶ 7 Miranda bases his argument entirely upon this court’s decision in State v. Cutright, 196 Ariz. 567, 2 P.3d 657 (App.1999) (review denied May 18, 2000), which held that disorderly conduct is not a lesser-included offense of aggravated assault under the above-cited statutory provisions. In light of Cutright, and because the indictment did not describe the crime of disorderly conduct in counts 1 and 2, Miranda contends his convictions for these offenses violated his due process and jury trial rights guaranteed by the federal and state constitutions. See State v. Rybolt, 133 Ariz. 276, 280, 650 P.2d 1258, 1262 (App.1982), overruled on other grounds by State v. Diaz, 142 Ariz. 119, 120, 688 P.2d 1011, 1012 (1984).

¶ 8 The state counters only that Miranda invited any error by requesting the lesser-included offense instruction and has therefore waived his claim. See State v. Diaz, 168 Ariz. 363, 365, 813 P.2d 728, 730 (1991) (When a defendant requests an in-[*428] struction and later claims fundamental error, any error is “invited error at its worst, and it is waived for appeal purposes.”). We reject the state’s position, however, because the doctrine of invited error is inapplicable when the error is based on a change in the law occurring after a defendant’s trial. Id. Cut-right was decided after Miranda’s trial and seemingly changed the law established by the supreme court in State v. Angle, 149 Ariz. 478, 720 P.2d 79 (1986) (adopting the dissent of Judge Kleinschmidt in 149 Ariz. 499, 507, 720 P.2d 100, 108 (App.1985)), upon which Miranda relied in requesting the contested instruction. Therefore, Miranda did not waive any error by requesting the instruction, and we now turn to the merit of his argument.

¶ 9 A lesser-included-offense instruction is proper only if (1) the lesser offense is composed of some, but not all, of the elements of the greater crime so that it is impossible to commit the greater without committing the lesser offense, and (2) the evidence supports an instruction on the lesser offense. See Angle, 149 Ariz. at 507, 720 P.2d at 108 (Kleinschmidt, J., dissenting). Miranda does not contest that the evidence adduced at trial supported the disorderly conduct instruction. Accordingly, we address only whether it is impossible to commit aggravated assault under A.R.S. section 13-1204(A)(2) without also committing the lesser offense of disorderly conduct under section 13-2904(A)(6).

¶ 10 A person commits aggravated assault under A.R.S. section 13-1204(A)(2) if he (1) intentionally places a person in reasonable apprehension of imminent bodily injury by (2) using a deadly weapon or dangerous instrument. Id. at 508, 720 P.2d at 109 (Kleinschmidt, J., dissenting). A person commits disorderly conduct under section 13-2904(A)(6) if he (1) intentionally or knowingly disturbs a person’s peace or quiet by (2) recklessly handling, displaying, or discharging a deadly weapon or dangerous instrument. Id. Our supreme court concluded in Angle that a person who commits aggravated assault under section 13-1204(A)(2) necessarily commits disorderly conduct under section 13-2904(A)(6), reasoning “that as a matter of common sense it is impossible to put a person in reasonable apprehension of imminent bodily injury without also disturbing that person’s peace or quiet.” Angle, 149 Ariz. at 508, 720 P.2d at 109 (Kleinschmidt, J., dissenting). Accordingly, the court held that disorderly conduct under section 13-2904(A)(6) is a lesser-included offense of aggravated assault under section 13-1204(A)(2). Id.; see also State v. Foster, 191 Ariz. 355, 357, ¶ 9, 955 P.2d 993, 995 (App.1998) (Following Angle, disorderly conduct under section 13-2904(A)(6) is a lesser-included offense of assault under section 13-1203(A)(2).).

¶ 11 The Cutright court addressed the same issue decided by Angle, but held that disorderly conduct under section 13-2904(A)(6) is not a lesser-included offense of aggravated assault under section 13-1204(A)(2). Cutr ight, 196 Ariz. at 569, ¶ 1, 2 P.3d at 659. The court reasoned that Angle had been “undercut” because this court’s decision in Maricopa County Juvenile Action No. JV133051, 184 Ariz. 473, 910 P.2d 18 (App.1995), added an element to the offense of disorderly conduct not present in the offense of aggravated assault. Id. at 571, ¶ 19, 2 P.3d at 661. Specifically, JV133051 held that a conviction for disorderly conduct requires a showing that the victim was “within the peace” when the disorderly act occurred. Id. (citing JV133051, 184 Ariz. at 475, 910 P.2d at 20). Unless the victim is “ ‘in repose of mind and peaceful intent’” before commencement of the disorderly act, the victim’s “peace” cannot be “disturbed.” [2] Id. (quoting JV133051, 184 Ariz. at 475, 910 P.2d at 20).

¶ 12 According to Outright, because disorderly conduct now includes a requirement that the victim be in repose before the con[*429] duct occurs, a factor not considered in Angle, and the state need not show that the victim was in repose in order to prove aggravated assault, the elements of disorderly conduct are no longer entirely encompassed within the offense of aggravated assault. Cutright, 196 Ariz. at 571, ¶ 20, 2 P.3d at 661. Not surprisingly, Miranda asks us to follow Cut-right’s lead and hold that the trial court erred by instructing the jury on disorderly conduct under section 13-2904(A)(6) as it is not a lesser-included offense of aggravated assault under section 13-1204(A)(2). We decline to do so.

¶ 13 This court is bound by the decisions of the supreme court and has “ ‘no authority to overrule, modify, or disregard them. .. .. . ' " State v. Thompson, 194 Ariz. 295, 298, ¶ 20, 981 P.2d 595, 598 (App.1999) (citation omitted). The Cutright court did not believe itself bound by Angle in light of the holding in JV133051. Cutright, 196 Ariz. at 571, ¶ 19, 2 P.3d at 661. We respectfully disagree with both Cutright and JV133051. Because the elements for disorderly conduct and aggravated assault have not been changed by the legislature or interpreted differently by the supreme court since the issuance of Angle, we accept the on-going viability of that opinion. Accordingly, Angle controls this issue unless and until the supreme comí; decides otherwise. [3] Id. We therefore hold that disorderly conduct under section 13-2904(A)(6) is a lesser-included offense of aggravated assault under section 13-1204(A)(2), and the trial court did not err by so instructing the jury.

II. IMPOSITION OF CONSECUTIVE SENTENCES ON MIRANDA.

¶ 14 Miranda next argues that the trial court mistakenly imposed consecutive sentences for his convictions in violation of A.R.S. section 13-116 (1989). Because Miranda did not object to his sentences at trial, we review for fundamental error. State v. Bouchier, 159 Ariz. 346, 347, 767 P.2d 233, 234 (App.1989) (imposition of illegal sentence constitutes fundamental error).

¶ 15 Section 13-116 provides, in significant part:

An act or omission which is made punishable in different ways by different sections of the laws may be punished under both, but in no event may sentences be other than concurrent.

Miranda contends that the jury necessarily convicted him of three offenses for the single act of firing the first bullet into the ground, despite the fact that evidence of three shots was introduced at trial. According to Miranda, because he testified that he had only fired one shot, and Pamela testified that he had fired three shots, two of which necessarily constituted aggravated assaults, the jury was left with an all-or-nothing decision: believe Miranda and convict him of three counts of disorderly conduct (one shot disturbing three victims) or believe Pamela and convict him of at least two counts of aggravated assault (three shots). Because Miranda was convicted of three counts of disorderly conduct, he argues that the jury convicted him of three offenses for a single act, and the trial court was therefore obligated to impose concurrent sentences.

¶ 16 We reject Miranda’s argument because the evidence supported convictions for disorderly conduct on counts 1 and 2. Pamela testified that Miranda aimed his first shot directly into the ground, causing her to walk faster. He then fired two shots in quick succession “toward” her and her son. The son reacted by “climbing up” his mother’s shirt, although he was “quiet” and did not[*430] cry. Pamela responded by running with her son to a nearby office building from where she called the police. Pamela testified that she was scared and thought she was going to be hurt or die.

¶ 17 We are compelled by Angle to conclude that this evidence supported convictions for disorderly conduct based on the two additional shots fired by Miranda. The defendant in Angle aimed a gun at his wife in anger after she had hit him with a boot. 149 Ariz. at 501, 720 P.2d at 102. The wife grabbed the gun and a struggle ensued, during which Angle told his wife that anyone who hurts him “is asking for it.” Id. At some point, the wife fell backwards and hit her head on a table. Id. Based on this evidence, the wife in Angle had as much reason as Pamela, and arguably more, to be in “reasonable apprehension of imminent bodily injury,” as required to support a conviction for aggravated assault. See A.R.S. § 13-1204(A)(2). But the Angle court also concluded that this evidence supported an instruction for disorderly conduct as a lesser-included offense of aggravated assault. Id. at 508-09, 720 P.2d at 109-10 (Kleinschmidt, J., dissenting). We reach the same conclusion and decide the evidence was sufficient to allow the jury to find that the two shots fired towards Pamela and her son disturbed their peace. Thus, the jury could have believed that three shots were fired. Because each shot fired constituted a separate act by Miranda, the trial court did not err by imposing consecutive sentences for the convictions. See State v. Devine, 150 Ariz. 507, 510, 724 P.2d 593, 596 (App.1986) (trial court properly imposed consecutive sentences for stabbings committed against three victims because each act, although occurring on same occasion, was committed independently of others and was completed prior to beginning of next act.).

III. DOUBLE JEOPARDY

¶ 18 In a related argument, Miranda contends that the trial court committed fundamental error by allowing his convictions to stand in violation of the double jeopardy clauses of the state and federal constitutions. Because he did not raise this claim to the trial court, we review for fundamental error. See State v. Millanes, 180 Ariz. 418, 421, 885 P.2d 106, 109 (App.1994) (“The prohibition against double jeopardy is a fundamental right that is not waived by the failure to raise it in the trial court.”).

¶ 19 According to Miranda, because the jury necessarily found that he fired only one shot, he could not be convicted of three counts of disorderly conduct because only two victims were named in the charge. He asserts that once he was convicted for disturbing the peace of a neighborhood, family or unidentified persons by firing a single shot (count 3), he could not be convicted for disturbing the peace of Pamela and her son (counts 1 and 2) for firing the same shot without violating double jeopardy principles.

¶ 20 We need not decide whether Miranda could be rightfully convicted of three offenses for firing a single shot because his argument is based upon a faulty premise. As explained previously, the evidence at trial supported a finding that Miranda had fired three shots. Therefore, the jury could validly convict Miranda for disturbing the peace of Pamela and her son by firing two shots toward them, and for disturbing the peace of the neighborhood by firing a separate shot into the ground. These convictions do not violate principles of double jeopardy as they are based upon separate events. Devine, 150 Ariz. at 510, 724 P.2d at 596; Millanes, 180 Ariz. at 420, 885 P.2d at 108. We therefore hold that Miranda’s convictions do not violate principles of double jeopardy.

CONCLUSION

¶21 We affirm Miranda’s conviction on count 1, but modify his pre-sentence incarceration credit for that conviction to 337 days for the reasons set forth in our unpublished decision. We affirm Miranda’s convictions and sentences on counts 2 and 3.

CONCURRING: PHILIP E. TOCI, Presiding Judge, and RUDOLPH J. GERBER, Judge.
1

. By separate unpublished decision filed this date, we address the remaining issues raised by Miranda. Those issues are not relevant to our analysis in this opinion. State v. Palenkas, 188 Ariz. 201, 203, n. 1, 933 P.2d 1269, 1271 (App.1996).

2

. This court has also held that “[a] ‘disturbance of the peace’ ... may be created by any act which molests inhabitants in the enjoyment of peace and quiet or excites disquietude or fear.” State ex rel. Williams v. Superior Court, 20 Ariz. App. 282, 283, 512 P.2d 45, 46 (App.1973) (emphasis added). Thus, under this definition, and contrary to the holding in JV133051, a victim’s "peace” can be disturbed during a period of emotional upset if a defendant's action "excites disquietude or fear.” Id.

3

. The supreme court has implied that Angle may receive future scrutiny. See State v. Lara, 183 Ariz. 233, 235, 902 P.2d 1337, 1339 (1995) ("assuming, without deciding, the continuing validity of [Angle ],.... ”). Until that day arrives, however, we must follow Angle. See City of Phoenix v. Leroy's Liquors, Inc., 177 Ariz. 375, 378, 868 P.2d 958, 961 (App.1993)("Whether prior decisions of the Arizona Supreme Court are to be disaffirmed is a question for that court.”); see also In re Marriage of Thorlin, 155 Ariz. 357, 362, 746 P.2d 929, 934 (App.1987)("[t]his court may not disregard a clear holding of our supreme court on the purported ground that the analysis supporting it is incorrect or incomplete.”). We cannot assume that the supreme court approved of Outright merely because it declined to review that decision. See Calvert v. Farmers Ins. Co. of Ariz., 144 Ariz. 291, 297 n. 5, 697 P.2d 684, 690 n. 5 (1985) (denial of review does not imply acceptance of legal analysis or conclusion).