State of Arizona v. Armando Pena, Jr., 331 P.3d 412 (Ariz. 2014). · Go Syfert
State of Arizona v. Armando Pena, Jr., 331 P.3d 412 (Ariz. 2014). Cases Citing This Book View Copy Cite
“substantial evidence is evidence that reasonable persons could accept as sufficient to support a guilty verdict beyond a reasonable doubt.”
135 citation events (135 in the last 25 years) across 2 distinct courts.
Strongest positive: Meyer v. State (arizctapp, 2019-02-05)
Treatment trajectory · 2014 → 2026 · click a year to view as-of
2014 2020 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Meyer v. State
Ariz. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent statutory definitions, courts . . . may look to dictionaries.
discussed Cited as authority (quoted) State v. Waldrup (2×) also: Cited as authority (rule)
Ariz. Ct. App. · 2021 · quote attribution · 1 verbatim quote · confidence low
substantial evidence is evidence that reasonable persons could accept as sufficient to support a guilty verdict beyond a reasonable doubt.
discussed Cited as authority (quoted) Abelardo Chaparro v. David C Shinn
Ariz. · 2020 · quote attribution · 1 verbatim quote · confidence low
onditional release of a prisoner from imprisonment before the full sentence has been served.
cited Cited as authority (rule) State v. Gordillo
Ariz. Ct. App. · 2026 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State of Arizona v. Jose Soto
Ariz. Ct. App. · 2026 · confidence medium
State v. Pena, 235 Ariz. 277, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Riehle
Ariz. Ct. App. · 2026 · confidence medium
We review de novo whether the record had sufficient evidence for the jury to render its verdict, State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014), and will affirm if substantial evidence supports the jury’s verdict, State v. Hausner, 230 Ariz. 60, 75, ¶ 50 (2012).
discussed Cited as authority (rule) State v. Alfartousi
Ariz. Ct. App. · 2026 · confidence medium
“We resolve any conflicts in the evidence against the defendant and view all facts in the light most favorable to supporting the verdict.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014). ¶25 A person commits stalking by “intentionally or knowingly engag[ing] in a course of conduct that is directed toward another person and if that conduct causes the victim to . . . [s]uffer emotional distress or reasonably fear that” the victim will be physically injured.
cited Cited as authority (rule) State v. Martell
Ariz. Ct. App. · 2025 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Ordway
Ariz. Ct. App. · 2025 · confidence medium
In doing so, we review the evidence presented at trial to determine if “substantial evidence exists to support the jury verdict.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014) (citation omitted).
discussed Cited as authority (rule) State v. Cook
Ariz. Ct. App. · 2025 · confidence medium
We “review de novo the sufficiency of evidence to support a conviction . . . resolv[ing] any conflicts in the evidence against the defendant and view[ing] all facts in the light most favorable to supporting the verdict.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014). ¶15 To convict a defendant of aggravated DUI under section 28- 1383(A)(1), the State must prove the defendant drove under the influence when “the defendant knew or should have known his or her license was suspended, canceled, [or] revoked.” State v. Gomez, 246 Ariz. 237, 239, ¶ 10 (App. 2019).
discussed Cited as authority (rule) State v. Truong
Ariz. Ct. App. · 2024 · confidence medium
Sufficiency of the Evidence ¶25 Truong last contends the State presented insufficient evidence to prove he did not act in self-defense. ¶26 We review sufficiency of the evidence claims de novo, State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014), and will only reverse if the verdict is not supported by substantial evidence, State v. Tucker, 231 Ariz. 125, 138, ¶ 27 (App. 2012).
cited Cited as authority (rule) State v. Collins
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014); Ariz. R.
discussed Cited as authority (rule) State v. Samia (2×)
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Finch
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Jones
Ariz. Ct. App. · 2024 · confidence medium
We review that issue de novo and accept the facts in the light most favorable to supporting the jury’s verdict and resolving “any conflicts in the evidence against the defendant.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Welvaert
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014); Ariz. R.
cited Cited as authority (rule) State v. Garibaldo
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Begaye
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Clements (2×) also: Cited "see"
Ariz. Ct. App. · 2024 · confidence medium
Pena, 235 Ariz. at 279, ¶ 5 ; Ariz. R.
cited Cited as authority (rule) State v. Cockhearn
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Alba
Ariz. Ct. App. · 2024 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Royalty
Ariz. Ct. App. · 2023 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Lopez
Ariz. Ct. App. · 2023 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Lohmeier
Ariz. Ct. App. · 2023 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State of Arizona v. George Willie Rios
unknown court · 2023 · confidence medium
State v. Pena, 235 Ariz. 277, ¶ 5 (2014). ¶21 Substantial evidence must support each element of the crime charged.
cited Cited as authority (rule) State v. Vaughan
Ariz. Ct. App. · 2023 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Castillo
Ariz. Ct. App. · 2022 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Burger
Ariz. Ct. App. · 2022 · confidence medium
Instead, she only challenges her convictions for Counts 7, 8, 9, and 10 related to the vehicle burglary, arguing insufficient evidence supports her convictions.1 ¶9 We review de novo the sufficiency of evidence to support a conviction and determine only “if substantial evidence exists to support the jury verdict.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Douglas
Ariz. Ct. App. · 2021 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Price (2×)
Ariz. Ct. App. · 2021 · confidence medium
We review this issue de 3 STATE v. PRICE Decision of the Court novo, viewing the facts in the light most favorable to supporting the jury’s verdict and resolving “any conflicts in the evidence against the defendant.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Khorrami
Ariz. Ct. App. · 2021 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Shakir
Ariz. Ct. App. · 2021 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
cited Cited as authority (rule) State v. Purcell
Ariz. Ct. App. · 2021 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014). ¶19 Purcell specifically argues the motive presented by the State, namely the feud between Purcell and the victim, is unsupported by evidence.
discussed Cited as authority (rule) State v. Chambers (2×)
Ariz. Ct. App. · 2021 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Worrell
Ariz. Ct. App. · 2020 · confidence medium
Worrell also contends that even if sufficient evidence showed he fractured C.W.’s right humerus (Count 2), that evidence did not show he did so knowingly or intentionally. ¶28 We review whether sufficient evidence supports a conviction de novo, “resolv[ing] any conflicts in the evidence against the defendant and view[ing] all facts in the light most favorable to supporting the verdict.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Richardson
Ariz. Ct. App. · 2020 · confidence medium
“We resolve any conflicts in the evidence against the defendant and view all facts in the light most favorable to supporting the verdict.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014). ¶7 As relevant here, “[a] person commits manslaughter by . . . [r]ecklessly causing the death of another person.” A.R.S. § 13-1103(A)(1).
discussed Cited as authority (rule) State v. Antone
Ariz. Ct. App. · 2020 · confidence medium
N.F. did not testify at Antone’s trial. ¶11 We review whether sufficient evidence supports a conviction de novo, “resolv[ing] any conflicts in the evidence against the defendant and view[ing] all facts in the light most favorable to supporting the verdict.” State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Knight (2×)
Ariz. Ct. App. · 2020 · confidence medium
State v. Goudeau, 239 Ariz. 421, 461, ¶ 168 (2016); State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) Prosise v. Hon kottke/state (2×)
Ariz. Ct. App. · 2020 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Shephard (2×)
Ariz. Ct. App. · 2020 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Lemons (2×) also: Cited "see"
Ariz. Ct. App. · 2020 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014).
discussed Cited as authority (rule) State v. Allen
Ariz. Ct. App. · 2019 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014). ¶11 As relevant here, a person commits third-degree burglary by "[e]ntering or remaining unlawfully in or on a nonresidential structure . . . with the intent to commit any theft or any felony therein." A.R.S. § 13- 1506(A)(1) (2019).
discussed Cited as authority (rule) State v. Ramos
Ariz. Ct. App. · 2018 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014). ¶9 As relevant here, a person commits custodial interference when, "knowing or having reason to know that the person has no legal right 1 Absent material revision after the relevant date, we cite a statute's current version. 3 STATE v. RAMOS Decision of the Court to do so, the person . . . [t]akes . . . from lawful custody any child . . . who is entrusted by authority of law to the custody of another person." A.R.S. § 13-1302(A)(1).
discussed Cited as authority (rule) State v. Dutra (2×)
Ariz. Ct. App. · 2018 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 (2014). ¶9 Arizona's kidnapping statute took its current form in 1978 when the legislature overhauled the state's criminal code.
cited Cited as authority (rule) State v. Jones
Ariz. Ct. App. · 2016 · confidence medium
State v. Pena, 235 Ariz. 277 , 279 ¶ 5, 331 P.3d 412, 414 (2014).
discussed Cited as authority (rule) State v. Decker (2×)
Ariz. Ct. App. · 2016 · confidence medium
Montgomery v. Harris (Shilgevorkyan), 237 Ariz. 98, 100, ¶ 8 , 346 P.3d 984 (2014); State v. Pena, 235 Ariz. 277, 279, ¶ 6 , 331 P.3d 412 (2014); see also A.R.S. § 1-213 (stating that statutes should be construed based on the common meaning of words and phrases, unless subject to an established legal definition).
examined Cited as authority (rule) State of Arizona v. Usef Latrice Simmons II (3×) also: Cited "see"
Ariz. Ct. App. · 2015 · confidence medium
When terms are not specifically defined, “courts apply common meanings and may look to dictionaries.” State v. Pena, 235 Ariz. 277, ¶ 6 , 331 P.3d 412, 414 (2014) (internal citation omitted); see also § 1-213. ¶ 14 Here, the legislature has defined the crimes of “facilitation” and “conspiracy” in title 13.
discussed Cited as authority (rule) State v. Stiefel (2×)
Ariz. Ct. App. · 2015 · confidence medium
State v. Peña, 235 Ariz. 277, 279, ¶ 6 , 331 P.3d 412, 414 (2014).
cited Cited as authority (rule) State v. Patron
Ariz. Ct. App. · 2015 · confidence medium
State v. Pena, 235 Ariz. 277 , 279 ¶ 5, 331 P.3d 412, 414 (2014).
discussed Cited as authority (rule) State v. Harrison (2×)
Ariz. Ct. App. · 2015 · confidence medium
State v. Pena, 235 Ariz. 277, 279, ¶ 5 , 331 P.3d 412, 414 (2014).
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
Armando PENA, Jr., Appellant
CR-13-0377-PR.
Arizona Supreme Court.
Aug 11, 2014.
331 P.3d 412
Thomas C. Horne, Arizona Attorney General, Robert L. Ellman, Solicitor General, Joseph T. Maziarz, Section Chief Counsel, Nicholas Klingerman (argued), Assistant Attorney General, Capital Litigation Section, Tucson, for State of Arizona., Lori J. Lefferts, Pima County Public Defender, Abigail Jensen (argued), Assistant Public Defender, Tucson, for Armando Pena, Jr.
Brutinel, Bales, Pelander, Berch, Timmer.
Cited by 68 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: bottom 90%
Citer courts: Arizona Supreme Court (1) · Court of Appeals of Arizona (1)
Justice BRUTINEL,

opinion of the Court.

¶ 1 An assault is aggravated under AR.S. § 13-1204(A)(3) if it is committed “by any means of force that causes temporary but substantial disfigurement ... of any body part.” Interpreting the phrase “temporary but substantial disfigurement” for the first time, we hold that substantial evidence supports the jury’s determination that Armando Pena, Jr. committed aggravated assault based on the injuries he inflicted to the victim’s hand and abdomen.

I. BACKGROUND

¶2 Pena repeatedly assaulted the victim with a knife or other sharp object, injuring her hand, leg, and abdomen. A 3-ineh cut on her left palm extended through the skin deeply enough to expose muscle tissue underneath. A 3-to-4 inch laceration on her leg penetrated the skin to the fatty tissue[*279] and muscle. She had a 2-centimeter-wide (.8 inch) puncture wound in her abdomen that exposed fatty tissue. The jury found Pena guilty of one count of kidnapping and three counts of aggravated assault under § 13-1204(A)(3), one for each wound. He was sentenced to concurrent prison terms of 10.5 years.

¶3 Pena appealed the convictions arising from the hand and abdominal injuries. State v. Pena, 233 Ariz. 112, 115 ¶ 6, 309 P.3d 936, 939 (App.2013). The court of appeals affirmed the hand-injury conviction, but reversed the abdominal-injury conviction, concluding that the State presented insufficient evidence to support the jury’s verdict. Id. at 116-17 ¶¶ 13,15, 309 P.3d at 940-41.

¶ 4 Both parties sought review, each arguing that the court of appeals misinterpreted the phrase “temporary but substantial disfigurement.” We granted review because the interpretation of § 13-1204(A)(3) is a recurring legal issue of statewide importance. We have jurisdiction under Article 6, Section 5(3) of the Arizona Constitution and AR.S. § 12-120.24.

II. DISCUSSION

¶5 Statutory interpretation is a question of law that this Court reviews de novo. State v. Hansen, 215 Ariz. 287, 289 ¶ 6, 160 P.3d 166, 168 (2007). We also review de novo the sufficiency of evidence to support a conviction. State v. West, 226 Ariz. 559, 562 ¶ 15, 250 P.3d 1188, 1191 (2011). We resolve any conflicts in the evidence against the defendant and view all facts in the light most favorable to supporting the verdict. State v. Girdler, 138 Ariz. 482, 488, 675 P.2d 1301, 1307 (1983). We review the sufficiency of evidence presented at trial only to determine if substantial evidence exists to support the jury verdict. State v. Hausner, 230 Ariz. 60, 75 ¶ 50, 280 P.3d 604, 619 (2012). Substantial evidence is evidence that “reasonable persons could accept as sufficient to support a guilty verdict beyond a reasonable doubt.” Id.

¶ 6 Section 13-1204(A)(3) provides that a “person commits aggravated assault if the person commits assault ... by any means of force that causes temporary but substantial disfigurement, temporary but substantial loss or impairment of any body organ or part or a fracture of any body part.” The terms “temporary,” “substantial,” and “disfigurement” are not defined by statute, and Arizona courts have never previously addressed their meaning as used in § 13-1204(A)(3). Absent statutory definitions, courts apply common meanings, State v. Cox, 217 Ariz. 353, 356 ¶ 20, 174 P.3d 265, 268 (2007), and may look to dictionaries, State ex rel. Montgomery v. Harris (Shilgevorkyan), 234 Ariz. 343, 344 ¶ 9, 322 P.3d 160, 161 (2014). Disfigurement means “[t]o blemish or spoil the appearance or shape of.” The American Heritage Dictionary 245 (5th ed.2012). Substantial is defined as “[considerable.” Id. at 817. Temporary means “[l]asting ... for a limited time.” Id. at 841.

¶ 7 Both Pena and the State urge us to interpret the phrase “temporary but substantial disfigurement” in ways that are inconsistent with the statute as it would ordinarily be understood. We decline to do so, but we take this opportunity to clarify how the different terms relate to each other and to describe the evidence needed to support a jury’s finding of guilt under § 13-1204(A)(3). (Pena did not challenge the adequacy of the jury instructions below, and we do not address the instructions here.)

¶ 8 We agree with the court of appeals that an injury’s location in an area normally clothed does not determine whether the injury is disfiguring, but location may be relevant to the jury’s determination whether a disfiguring injury is substantial. Pena, 233 Ariz. at 117 ¶ 14, 309 P.3d at 941. Although it declined to hold that “an injury to a location of the body ‘normally covered by clothing’ can never be disfiguring,” the court also reasoned that “an injury to the face will usually be more disfiguring than the same injury to a part of the body typically covered by clothes.” Id. In determining that the hand injury was substantially disfiguring, the court of appeals explained that, “it would be readily visible to the casual observer during the process of healing.” Id. at 116 ¶ 13, 309 P.3d at 940. Based on a common understanding of the statutory terms, we agree[*280] with the court of appeals that an injury’s location can make it more or less substantial, but the location does not determine whether it is disfiguring. A visible injury disfigures the victim even if it is typically covered by a bandage or clothing.

¶ 9 We also reject Pena’s argument that whether an injury is “disfiguring” depends on its “seriousness or duration.” For this proposition, Pena relies on Funk v. Indus. Comm’n., 167 Ariz. 466, 468, 808 P.2d 827, 829 (App.1991). Funk is distinguishable. The Funk court was asked to interpret whether under A.R.S. § 23-1044(B)(22) any facial scar constitutes a “permanent disfigurement about the head or face.” Here, by contrast, § 13-1204(A)(3) also deals with disfiguring injury, but also expressly identifies a subset of disfiguring injuries to which it applies — those that are substantial. We decline to engraft a separate “seriousness” requirement into the definition of disfiguring. There is no statutory requirement that the injuiy be long lasting or serious to be disfiguring; rather, duration and seriousness are factors that should be considered in determining whether the injury is “temporary” and “substantial,” as the statute requires.

¶ 10 The court of appeals incorrectly suggested that “the duration of a temporary injury remains an appropriate factor to consider when evaluating whether a person has been disfigured.” Pena, 233 Ariz. at 116 ¶¶ 9, 12 n. 3, 309 P.3d at 940. Section 13-1204(A)(3) criminalizes the infliction of substantially disfiguring injuries of any duration. The injury’s duration does not make it either more or less disfiguring, but the injury’s duration is relevant in determining whether the disfigurement is substantial.

¶ 11 Finally, the court of appeals erred by suggesting that a substantial injury must be comparable to a fracture or the loss of an organ or body part. Likewise incorrect is the State’s argument that the injury need simply be “something having substance or actual existence” in order to be substantial. Adopting either of these arguments would be to adopt a definition of “substantial” inconsistent with its common meaning. Whether a disfigurement is substantial is a fact-intensive, case-by-ease question that the trier-of-fact must resolve based on the evidence. Ultimately, the jury must decide whether the disfigurement is “considerable,” taking into account multiple factors — such as the injury’s seriousness, location, duration, and visibility to others. Although the statute does not require that the injuries be comparable to a fracture or loss of an organ or body part, by including them in the same section with the temporary but substantial disfigurement language, the legislature intended that only serious injuries would elevate simple assault to aggravated assault, and “substantial disfigurement” must reflect an injury commensurate with the enhanced penalties for aggravated assault. Compare A.R.S. § 13-1204(D) (explaining that aggravated assault for a violation of A.R.S. § 13-1204(A)(3) is a class 4 felony) with A.R.S. § 13-1203(B) (explaining that an assault for a violation of A.R.S. § 13 — 1203(A)(1) is a class 1 misdemeanor). For example, misdemeanor assault carries a maximum penalty of six months, while aggravated assault under § 13-1204(A)(3) carries a presumptive sentence of six years. A.R.S. §§ 13-704; 13-707.

¶ 12 We now turn to the evidence supporting the jury’s finding that the victim’s hand injury constituted “temporary but substantial disfigurement.” The injury was 3-to-4 inches long, extending through each layer of skin and exposing the underlying muscle. Like the court of appeals, we conclude that sufficient evidence supported the aggravated assault conviction relating to that injury. We disagree, however, with the court of appeals’ conclusion regarding the victim’s abdominal injury. That injury punctured the victim’s skin and exposed fatty tissue. Viewing the testimony and photographs presented at trial in the light most favorable to upholding the verdict, and applying the common definitions of the statutory terms, we conclude that sufficient evidence supports the jury’s finding that the victim’s abdominal injury constituted a “temporary but substantial disfigurement.”

III. CONCLUSION

¶ 13 We vacate paragraphs four through fifteen of the court of appeals’ opinion and[*281-287] affirm Pena’s convictions and sentences on all counts.