State v. Viramontes, 64 P.3d 188 (Ariz. 2003). · Go Syfert
State v. Viramontes, 64 P.3d 188 (Ariz. 2003). Cases Citing This Book View Copy Cite
111 citation events (111 in the last 25 years) across 3 distinct courts.
Strongest positive: State of Arizona v. Matthew Erich Manzanedo (arizctapp, 2005-04-29)
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) State of Arizona v. Matthew Erich Manzanedo (4×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2005 · signal: see also · quote attribution · 4 verbatim quotes · confidence high
in non-capital cases, aggravators need only be supported by reasonable evidence.
examined Cited as authority (verbatim quote) State v. Aleman (4×) also: Cited as authority (quoted), Cited "see, e.g."
Ariz. Ct. App. · 2005 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
in non-capital cases, aggravators need only be supported by reasonable evidence.
examined Cited as authority (verbatim quote) State v. Cleere (4×) also: Cited as authority (quoted), Cited "see, e.g."
Ariz. Ct. App. · 2005 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
in non-capital cases, aggravators need only be supported by reasonable evidence.
examined Cited as authority (verbatim quote) State v. Chiappetta (2×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2005 · signal: see also · quote attribution · 2 verbatim quotes · confidence high
in non-capital cases, aggravators need only be supported by reasonable evidence.
examined Cited as authority (verbatim quote) State v. Brown (2×) also: Cited as authority (quoted)
Ariz. Ct. App. · 2003 · signal: see · quote attribution · 2 verbatim quotes · confidence high
the statutes limit sentencing procedures in a non-capital first degree murder case to those set forth in section 13-703.
examined Cited as authority (quoted) State v. Resendis-Felix (4×) also: Cited "see"
Ariz. Ct. App. · 2004 · signal: see · quote attribution · 1 verbatim quote · confidence high
in non-capital cases, aggravators need only be supported by reasonable evidence.
discussed Cited as authority (rule) State of Arizona v. Jerry Charles Holle
Ariz. · 2016 · confidence medium
State v. Bly, 127 Ariz. 370, 371 , 621 P.2d 279, 280 (1980); see State v. Casey, 205 Ariz. 359 , 363 ¶ 15, 71 P.3d 351, 355 (2003) (superseded by statute, A.R.S. § 13-205(A)) (the legislature, not the judiciary, has “constitutional authority to define crimes and defenses”); State v. Viramontes, 204 Ariz. 360 , 362 ¶ 12, 64 P.3d 188, 190 (2003) (“It is not our place to pass on the wisdom of” legislative decisions concerning criminal procedure).
discussed Cited as authority (rule) State of Arizona v. Jerry Charles Holle (2×)
Ariz. · 2016 · confidence medium
State v. Bly, 127 Ariz. 370, 371 , 621 P.2d 279, 280 (1980); see State v. Casey, 205 Ariz. 359 , 363 ¶ 15, 71 P.3d 351, 355 (2003) (superseded by statute, A.R.S. § 13-205(A)) (the legislature, not the judiciary, has “constitutional authority to define crimes and defenses”); State v. Viramontes, 204 Ariz. 360 , 362 ¶ 12, 64 P.3d 188, 190 (2003) (“It is not our place to pass on the wisdom of” legislative decisions concerning criminal procedure).
discussed Cited as authority (rule) State v. Smith
Ariz. Ct. App. · 2011 · confidence medium
If the language of a statute is plain, “we must give effect to that language and may not employ other means of statutory interpretation.” State v. Vira-montes, 204 Ariz. 360, ¶ 8 , 64 P.3d 188, 189 (2003). ¶ 13 As it argued below, the state maintains Smith’s sentence was governed by AR.S. § 13-703(A). 2 That provision classifies as a “category one repetitive offender” any person who “is convicted of two felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior felony convictions.” Id.
discussed Cited as authority (rule) State of Arizona v. Kyle Evan Smith
Ariz. Ct. App. · 2011 · confidence medium
If the language of a statute is plain, “we must give effect to that language and may not employ other means of statutory interpretation.” State v. Viramontes, 204 Ariz. 360, ¶ 8 , 64 P.3d 188, 189 (2003). ¶13 As it argued below, the state maintains Smith‟s sentence was governed by A.R.S. § 13-703(A).2 That provision classifies as a “category one repetitive offender” any person who “is convicted of two felony offenses that were not committed on the same occasion but that either are consolidated for trial purposes or are not historical prior 2 Although § 13-703 was amended most r…
discussed Cited as authority (rule) State of Arizona v. Alvin Edward Williams
Ariz. Ct. App. · 2008 · confidence medium
Sess., ch. 1, § 1. ¶4 In 2003, our supreme court held in Viramontes that the aggravating sentencing factors set forth in § 13-703, rather than those listed in A.R.S. § 13-702, apply to all first- degree murder cases, not only to capital cases. 204 Ariz. 360, ¶¶ 10, 13 , 64 P.3d at 190 .
discussed Cited as authority (rule) State v. Williams (2×)
Ariz. Ct. App. · 2008 · confidence medium
Thereafter, relying on State v. Viramontes, 204 Ariz. 360 , 64 P.3d 188 *333 (2003), Williams successfully petitioned for post-conviction relief pursuant to Rule 32, Ariz. R.Crim.
discussed Cited as authority (rule) State of Arizona v. Francisco Lazaro Gonzalez, Jr.
Ariz. Ct. App. · 2007 · confidence medium
“In the absence of ambiguity, we must give effect to [the] language [of the statute] and may not employ other means of statutory interpretation.” State v. Viramontes, 204 Ariz. 360, ¶ 8 , 64 P.3d 188, 189 (2003).
discussed Cited as authority (rule) State v. Gonzalez
Ariz. Ct. App. · 2007 · confidence medium
“In the absence of ambiguity, we must give effect to [the] language [of the statute] and may not employ other means of statutory interpretation.” State v. Viramontes, 204 Ariz. 360, ¶ 8 , 64 P.3d 188, 189 (2003).
discussed Cited as authority (rule) State v. Molina
Ariz. Ct. App. · 2005 · confidence medium
At the time the trial court sentenced Molina, such factors needed only be supported by “reason *137 able evidence.” State v. Viramontes, 204 Ariz. 360, ¶ 14 , 64 P.3d 188, 190 (2003); see also State v. Meador, 132 Ariz. 343, 347 , 645 P.2d 1257, 1261 (App.1982) (holding that aggravating circumstances need only be true and supported by reasonable evidence); but see 2005 Ariz. Sess.
discussed Cited as authority (rule) State of Arizona v. Juan Manuel Molina
Ariz. Ct. App. · 2005 · confidence medium
At the time the trial court sentenced Molina, such factors needed only be supported by “reasonable evidence.” State v. Viramontes, 204 Ariz. 360, ¶ 14 , 64 P.3d 188, 190 (2003); see also State v. Meador, 132 Ariz. 343, 347 , 645 P.2d 1257, 1261 (App. 1982) (holding that aggravating circumstances need only be true and supported by reasonable evidence); but see 2005 Ariz. Sess.
discussed Cited as authority (rule) State v. Viramontes (2×)
Ariz. Ct. App. · 2004 · confidence medium
State v. Viramontes, 204 Ariz. 360, ¶¶ 10, 15 , 64 P.3d 188, 190 (2003).
discussed Cited "see" State v. Estrada (2×)
Ariz. Ct. App. · 2004 · signal: see · confidence high
See State v. Viramontes, 204 Ariz. 360 , 64 P.3d 188 (2003) (court should construe statute to further legislative intent). ¶ 15 Accordingly, we hold that, when a person is receiving medical treatment against his or her will, the exception of § 28-1388(E) allowing blood draws without a warrant does not apply.
examined Cited "see" State v. Martinez (4×) also: Cited "see, e.g."
Ariz. Ct. App. · 2004 · signal: see · confidence high
See State v. Vira-montes, 204 Ariz. 360, 362 , 64 P.3d 188, 190 (2003).
discussed Cited "see" State of Arizona v. Francisco Javier Estrada (2×)
Ariz. Ct. App. · 2004 · signal: see · confidence high
See State v. Viramontes , 204 Ariz. 360 , 64 P.3d 188 (2003) (court should construe statute to further legislative intent).
discussed Cited "see" State v. Casey (2×)
Ariz. · 2003 · signal: see · confidence high
Thus, the legislature has made clear its intention that a defendant bears the burden of proving the defense of self-defense by a preponderance of the evidence. ¶ 10 “ ‘Power resides with the legislature to define that conduct which will not be tolerated in an ordered society____’” State v. Musser, 194 Ariz. 31, ¶ 9 , 977 P.2d 131, ¶ 9 (1999), quoting State v. Bly, 127 Ariz. 370, 371 , 621 P.2d 279, 280 (1980); see State v. Viramontes, 204 Ariz. 360, ¶ 12 , 64 P.3d 188, ¶ 12 (2003) (“It is not our place to pass on the wisdom of’ legislative decisions concerning criminal procedu…
discussed Cited "see, e.g." State of Arizona v. Jesus Antonio Aleman (2×)
Ariz. Ct. App. · 2005 · signal: see also · confidence low
Alire, 209 Ariz. 517, ¶ 13 , 105 P.3d at 166 ; see also State v. Viramontes, 204 Ariz. 360, ¶ 14 , 64 P.3d 188, 190 (2003) (“In non-capital cases, aggravators need only be supported by reasonable evidence.”).
discussed Cited "see, e.g." State v. Fell (2×)
Ariz. Ct. App. · 2004 · signal: see also · confidence low
Zamora v. Reinstein, 185 Ariz. 272 , 915 P.2d 1227 (1996); see also Abbott v. City of Tempe, 129 Ariz. 273 , 630 P.2d 569 (App.1981) (cardinal rule in statutory interpretation is to ascertain and give effect to legislature’s intent). “ ‘[Wjhen the language [of a statute] is clear and unequivocal, it is determinative of the statute’s construction.”’ Viramontes, 204 Ariz. 360, ¶ 8 , 64 P.3d at 189 , quoting Janson v. Christensen, 167 Ariz. 470, 471 , 808 P.2d 1222, 1223 (1991); see also Hayes v. Cont’l Ins.
discussed Cited "see, e.g." State of Arizona v. Hon. Howard Fell Edward John Sanders (2×)
Ariz. Ct. App. · 2004 · signal: see also · confidence low
Zamora v. Reinstein, 185 Ariz. 272 , 915 P.2d 1227 (1 996); see also Abbott v. City of Tempe, 129 Ariz. 273 , 630 P.2d 569 (App. 1981) (cardinal rule in statutory interpretation is to ascertain and give effect to legislature’s intent). “‘[W]hen the language [of a statute] is c lear and un equivoca l, it is determinative of the statute’s construction.’” Viramontes, 204 Ariz. 360, ¶ 8 , 64 P.3d at 189 , quoting Janson v. Christensen, 167 Ariz. 470, 471 , 808 P.2d 1222 , 1223 (19 91); see also Hayes v. Cont’l Ins.
discussed Cited "see, e.g." City of Tucson v. Clear Channel Outdoor, Inc. (2×)
Ariz. Ct. App. · 2003 · signal: see also · confidence low
But if a statute’s language is clear, we simply apply it without reference to any tools of statutory construction, “assuming that the legislature has said what it means.” Hughes v. Jorgen *339 son, 203 Ariz. 71, ¶ 11 , 50 P.3d 821, ¶ 11 (2002); see also State v. Viramontes, 204 Ariz. 360 , 64 P.3d 188 (2003).
Retrieving the full opinion text from the archive…
STATE of Arizona, Appellee,
v.
Samuel Phillip VIRAMONTES, Appellant; State of Arizona, Appellee, v. Jason Jared Beck, Appellant
CR-01-0296-PR, CR-01-0414-PR.
Arizona Supreme Court.
Jan 8, 2003.
64 P.3d 188
Isabel G. Garcia, Pima County Legal Defender by Robb P. Holmes, Tucson, Attorneys for Appellant., Janet Napolitano, Arizona Attorney General by Randall M. Howe, Phoenix, Cynthia Ryan, Tucson, Attorneys for Appellee., Isabel G. Garcia, Pima County Legal Defender by Joy Athena, Tucson, Attorneys for Appellant., Janet Napolitano, Arizona Attorney General by Randall M. Howe, Phoenix, Diane M. Acosta, Tucson, Attorneys for Appellee.
Zlaket, Jones, McGregor, Feldman.
Cited by 39 opinions  |  Published
2 passages pin-cited by 6 cases
Pinpoint authority: #48,722 of 633,719
Citer courts: Court of Appeals of Arizona (7)

OPINION

ZLAKET, Justice (Retired).

¶ 1 Samuel Viramontes and Jason Beck were separately convicted of first degree murder and each received a natural life sentence. We consolidated their cases and granted review without oral argument to decide whether a trial court, in a first degree murder case where the state has not sought the death penalty, may consider in sentenc[*361] ing those aggravating factors provided for by Arizona Revised Statutes section 13-702. We have jurisdiction pursuant to Arizona Constitution, Article VI, Section 5(3) and Arizona Rule of Criminal Procedure 31.19.

¶2 Viramontes was convicted of killing Kevin Stratton. The state did not seek the death penalty and the trial court sentenced him to natural life in prison, having found four aggravating factors: 1) the presence of an accomplice, 2) the defendant’s failure to avail himself of past rehabilitative efforts, 3) his juvenile history, and 4) a prior conviction. The court of appeals affirmed the sentence, holding that it was permissible for the trial court to utilize the aggravating factors set forth in section 13-702. State v. Viramontes, 200 Ariz. 452, 455, 27 P.3d 809, 812 (App. 2001).

¶ 3 Beck was convicted of kidnapping and Wiling David Nickell. The state did not seek the death penalty. The trial court relied on the following factors in handing down a natural life sentence: 1) Beck’s 34 point I.Q. advantage over his co-defendant, 2) his lack of remorse, 3) the cruelty involved in the killing, 4) the significant emotional harm to the victim, 5) the use of a deadly weapon, 6) Beck’s temperament and personality, and 7) the presence of an accomplice. In a memorandum decision, the court of appeals affirmed the sentence based on its previous opinion in Viramontes.

ANALYSIS

¶ 4 We review issues of-statutory construction de novo. Zamora v. Reinstein, 185 Ariz. 272, 275, 915 P.2d 1227, 1230 (1996).

¶5 Arizona Revised Statutes section 13-1105(C) states that “[f]irst degree murder is a class 1 felony and is punishable by death or life imprisonment as provided by § 13-703.” Section 13-703(A), as it was in effect at all times pertinent to this case, [1] reads in part as follows: “A person guilty of first degree murder as defined in § 13-1105 shall suffer death or imprisonment ... in accordance with the procedures provided in subsections B through G of this section.” Subsection (A) further specifies that a person convicted of first degree murder is subject to 1) death, 2) natural life in prison, or 3) life in prison with the possibility of parole.

¶ 6 Section 13-702, on the other hand, explicitly limits its reach to classes 2 through 6 felonies. Moreover, subsection F states: “Nothing in this section affects any provision of law that imposes the death penalty, [or] that expressly provides for imprisonment for life.” A.R.S. § 13-702(F).

¶ 7 Viramontes and Beck argue that the plain language of section 13-703(A) requires the application of its aggravators and sentencing procedures in all first degree murder convictions. The state, on the other hand, contends that the statute is implicated only if the death penalty has been sought— that is, where the trial court must choose either life or death. It does not apply, says the state, where the only choice is between 1) natural life and 2) life with the possibility of parole.

¶ 8 “[W]hen the language [of a statute] is clear and unequivocal, it is determinative of the statute’s construction.” Janson v. Christensen, 167 Ariz. 470, 471, 808 P.2d 1222, 1223 (1991). In the absence of ambiguity, we must give effect to that language and may not employ other means of statutory interpretation. Id.See also Canon School Dist. No. 50 v. W.E.S. Constr. Co., Inc., 177 Ariz. 526, 529, 869 P.2d 500, 503 (1994).

¶ 9 We believe that sections 13-702, 13-703, and 13-1105 are clear. Section 13-1105 provides that any person guilty of first degree murder must be sentenced pursuant to section 13-703. Section 13-703(A) expressly states that a person guilty of first degree murder shall suffer death or imprisonment pursuant to its terms. And, section 13-702[*362] expressly applies only to class 2 through class 6 felonies, with subsection (F) thereof stating that the statute has no effect on first degree murder sentencings.

¶ 10 The state tries to make much of the disjunctive language in subsections 13-703(A) and (E). Both speak in terms of death or life imprisonment. Thus, the state argues, the statute applies only in cases where the actual choice to be made is between death and life. We believe that such an interpretation is too restrictive and overlooks the clear language mandating that a sentencing determination for first degree murder be made pursuant to section 13-703. Nothing in the statutes expresses or implies that the procedures and aggravators of section 13-703 apply only to cases in which the state has sought the death penalty. Rather, it is clearly the nature and classification of the crime that determines the appropriate sentencing statute.

¶ 11 The state argues that we should examine legislative history to properly construe the statute. While helpful under some circumstances, a review of legislative history is generally unnecessary and inappropriate where statutory language is without ambiguity. Although we recognize that the impetus for significant revision of section 13-703 was the United States Supreme Court decision in a capital case, Furman v. Georgia, 408 U.S. 238, 92 S.Ct. 2726, 33 L.Ed.2d 346 (1972), we cannot ignore the plain wording of our statutes.

¶ 12 We agree with the court of appeals’ observation that trial judges impose consecutive sentences every day amounting to natural life in prison without the special sentencing procedures of section 13-703. That fact, however, does not inform our decision here. The statutes limit sentencing procedures in a non-capital first degree murder case to those set forth in section 13-703. It is not our place to pass on the wisdom of such limits; that is a decision for the legislature.

¶ 13 Moreover, nothing presented to us indicates that the legislature intended for non-capital first degree murder defendants to be sentenced using those aggravators listed in section 13-702. The court of appeals and the state rely on State v. Sproule, 188 Ariz. 439, 937 P.2d 361 (App.1996), and State v. Guytan, 192 Ariz. 514, 968 P.2d 587 (App. 1998). But that reliance is misplaced. First, neither of those cases is binding on this court. Second, they are both easily distinguishable. In Sproule, the state sought the death penalty. Following a hearing pursuant to section 13-703, the trial judge determined that death was not warranted and ordered a natural life sentence. In Guytan, the defendant claimed that the trial court had double counted factors from sections 13-702 and 13-703 in sentencing him to natural life. The Guytan court did not explicitly approve of the use of aggravators from both statutes; it simply rejected the defendant’s claim, relying on Sproule.

¶ 14 Finally, the court of appeals here rejected Viramontes’ claim that the aggravators must be proven beyond a reasonable doubt. Viramontes, 200 Ariz. at 455, 27 P.3d at 811. We agree. Section 13-703, as it was in effect at all times pertinent hereto, makes no mention of an evidentiary standard of proof. Nevertheless, we have consistently required aggravators to be proven beyond a reasonable doubt in capital cases. See, e.g., State v. Jordan, 126 Ariz. 283, 286, 614 P.2d 825, 828 (1980); see also State v. Brewer, 170 Ariz. 486, 500, 826 P.2d 783, 797 (1992); State v. Richmond, 136 Ariz. 312, 322, 666 P.2d 57, 67 (1983). In non-capital cases, aggravators need only be supported by reasonable evidence. See State v. Meador, 132 Ariz. 343, 347, 645 P.2d 1257, 1261 (App.1982); Matter of Varbel, 182 Ariz. 451, 455 n. 7, 897 P.2d 1337, 1341 n. 7 (1995). This would include aggravators in non-capital first degree murder cases.

DISPOSITION

¶ 15 Because the aggravators in section 13-703 are the only ones permitted in a first degree murder prosecution where the state has not sought the death penalty, these cases are remanded for resentencing. The court of appeals’ decisions are vacated.

CONCURRING: CHARLES E. JONES, Chief Justice, RUTH V. McGREGOR, Vice Chief Justice, and STANLEY G. FELDMAN, Justice.
1

. After these defendants were sentenced, section 13-703 was amended by Laws 2001, Ch. 260, § 1. The legislature inserted a new subsection B, redesignated existing subsections B to H as C to I, and modified internal subsection references to conform to the reorganization of the section. The wording of the relevant sections remained the same. Additionally, on August 1, 2002 the Arizona Legislature passed Senate Bill 1001, which further amended section 13-703, renumbered section 13-703.01 as 13-703.04, added new sections 13-703.01 and -703.05, and amended section 13-1105. Most of these changes related to death sentences, in response to Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002).