Cited by
Opinions in Arizona that cite State v. Vega, 262 P.3d 628.
- State of Arizona v. Max G. Moreno Ariz. Ct. App. Div. 2 2026
- State of Arizona v. Max G. Moreno Ariz. Ct. App. Div. 2 2026
- State v. Faria Ariz. Ct. App. Div. 1 2024
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State v. Faria
Ariz. Ct. App. Div. 1 2024
“Clear and convincing evidence creates a high probability that a proposition is true but need not establish that it is certainly or unambiguously true.” ¶ 19 n.4 (App. 2011) (cleaned up).
- State v. Borquez Ariz. Ct. App. Div. 1 2024
- State v. Borquez Ariz. Ct. App. Div. 1 2024
- State v. Worrell Ariz. Ct. App. Div. 1 2020
- State v. Worrell Ariz. Ct. App. Div. 1 2020
- State v. Pegeese Ariz. Ct. App. Div. 1 2020
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State v. Pegeese
Ariz. Ct. App. Div. 1 2020
(finding that sexual intercourse with a fifteen-year-old girl was sufficiently similar to sexual contact with a seven-year-old girl); - 93 (1996) (finding no abuse of discretion by admitting other-act evidence of defendant’s sexual encounter with his fourteen-year-old girlfriend when the charged offense involved a seven-year-old female); ¶¶ 19-20 (holding that the other-act evidence was properly admitted for both the eleven-year-old victim and a six-year-old victim).
- State v. Hamilton Ariz. Ct. App. Div. 1 2020
- State v. Hamilton Ariz. Ct. App. Div. 1 2020
- State v. Morphis Ariz. Ct. App. Div. 1 2019
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State v. Morphis
Ariz. Ct. App. Div. 1 2019
¶ 19 n.4 (App. 2011) (“The testimony of the victim is a sufficient basis on which to conclude by clear and convincing evidence that the incident occurred.”).
- State v. Hardy Ariz. Ct. App. Div. 1 2019
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State v. Hardy
Ariz. Ct. App. Div. 1 2019
¶ 19 (App. 2011) (citation omitted).
- State v. Castro Ariz. Ct. App. Div. 1 2019
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State v. Castro
Ariz. Ct. App. Div. 1 2019
¶ 19 (App. 2011) (“Having decided to admit the testimony pursuant to Rule 404(b), the superior court necessarily concluded the testimony constituted clear and convincing evidence of the act.” (citation omitted)); (presuming trial judges know the law and apply it in
- State v. Hanley Ariz. Ct. App. Div. 1 2018
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State v. Hanley
Ariz. Ct. App. Div. 1 2018
¶ 19 & n.4 (App. 2011) (holding “victim’s in-person testimony satisfied the clear-and- convincing requirement of Rule 404(c)(1)(A)).
- State v. Galvez-Galvez Ariz. Ct. App. Div. 1 2018
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State v. Galvez-Galvez
Ariz. Ct. App. Div. 1 2018
¶ 18 (App. 2011) (concluding, based on entire trial record, that the court’s admission of other-act evidence without making explicit 404(c) findings was harmless error).
- State v. Carr Ariz. Ct. App. Div. 1 2017
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State v. Carr
Ariz. Ct. App. Div. 1 2017
n.4 ¶ 19 (App. 2011) (“The testimony of the victim is a sufficient basis on which to conclude by clear and convincing evidence that the incident occurred.”).
- State v. Bustillos Ariz. Ct. App. Div. 1 2017
- State v. Bustillos Ariz. Ct. App. Div. 1 2017
- State v. Farr Ariz. Ct. App. Div. 1 2017
- State v. Farr Ariz. Ct. App. Div. 1 2017
- State v. MacIas Ariz. Ct. App. Div. 1 2017
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State v. MacIas
Ariz. Ct. App. Div. 1 2017
Although the court failed to make the specific findings of admissibility of this evidence as required by Rule 404(c)(1)(D), see supra ¶ 44, “we may consider the entire trial record in determining whether it was harmless error for the court to admit [other-acts evidence] without first screening the evidence and making the findings Rule 404(c) requires,” ¶ 18 (App. 2011); see also Aguilar, 209 Ariz. at 50, ¶ 37 (“The trial court’s failure to make a sufficient finding as to the first factor of Rule
- State v. James 393 P.3d 467 Ariz. Ct. App. Div. 2 2017
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State v. James
393 P.3d 467
Ariz. Ct. App. Div. 2 2017
We address each issue in turn, mindful that we generally review the admission of evidence under Rule 404(c) for an abuse of discretion, , yet we review de novo the interpretation of the rules of evidence.
- State v. Izquerdo Ariz. Ct. App. Div. 1 2016
- State v. Izquerdo Ariz. Ct. App. Div. 1 2016
- State v. Jean 372 P.3d 1019 Ariz. Ct. App. Div. 1 2016
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State v. Jean
372 P.3d 1019
Ariz. Ct. App. Div. 1 2016
Clear and convincing evidence need not, however, “establish that it is certainly or unambiguously true.” n.4, ¶ 19 (App. 2011).
- Bastian v. Endresen Ariz. Ct. App. Div. 1 2015
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Bastian v. Endresen
Ariz. Ct. App. Div. 1 2015
An abuse of discretion occurs when the trial court “fails to exercise its discretion in ruling on a matter.” ¶ 6 (App. 2011).
- State v. Woody Ariz. Ct. App. Div. 1 2015
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State v. Woody
Ariz. Ct. App. Div. 1 2015
¶ 19 n.4 (App. 2011) (noting uncorroborated testimony by victim is sufficient to establish proof beyond a reasonable doubt that an incident occurred).
- State v. Gomez-Torres Ariz. Ct. App. Div. 1 2015
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State v. Gomez-Torres
Ariz. Ct. App. Div. 1 2015
n.4 (App. 2011) (noting uncorroborated testimony by victim is sufficient to establish proof beyond a reasonable doubt that an incident occurred).
- State v. Trotter Ariz. Ct. App. Div. 1 2015
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State v. Trotter
Ariz. Ct. App. Div. 1 2015
n.4 ¶ 19, n.4 (App. 2011) (noting victim’s testimony is sufficient basis on which to conclude by clear and convincing evidence that other incidents occurred).
- State of Arizona v. Robert Charles Glissendorf 311 P.3d 244 Ariz. Ct. App. Div. 2 2013
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State of Arizona v. Robert Charles Glissendorf
311 P.3d 244
Ariz. Ct. App. Div. 2 2013
-14 (App. 2013) (noting uncorroborated testimony of victim sufficient to justify admission under rule); n.4, n.4 (App. 2011) (same).
- State v. Ferrero 274 P.3d 509 Ariz. 2012
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State v. Ferrero
274 P.3d 509
Ariz. 2012
See Garner, 116 Ariz. at 447, 569 P.2d at 1345 ( (admitting evidence of prior sexual assaults to show a “system, plan and scheme”); (similar)); ¶¶ 34-35, (Thompson, J., concurring).