Evanchyk v. Stewart, 202 Ariz. 476

Summary

The Arizona Supreme Court answered certified questions concerning conspiracy to commit first-degree murder under Arizona law. It held that conviction requires proof of an intent to kill or to promote or aid in killing, together with an agreement to kill, and cannot be based solely on felony murder or intent to commit an underlying felony. The court also concluded that no completed offense or overt act is required when the conspiracy concerns first-degree murder.

Holdings

1. A defendant may not be convicted of conspiracy to commit first-degree murder when the conviction is based only on the commission of felony murder.
2. A defendant may be convicted of conspiracy to commit first-degree murder only if the state proves that the defendant intended to kill, or intended to promote or aid in killing, and agreed with a coconspirator to commit murder.
3. A defendant may not be convicted of conspiracy to commit first-degree murder based merely on the requisite intent to aid, promote, or commit the underlying felony.

Questions Presented

1. Whether Arizona law permits a conviction for conspiracy to commit first-degree murder when the conviction is based only on felony murder.
2. Whether a defendant must possess an intent to kill to be convicted of conspiracy to commit first-degree murder.
3. Whether the requisite intent to commit the underlying felony, without an intent to kill, is sufficient for a conviction for conspiracy to commit first-degree murder.

Disposition

other