Cited by
Opinions in Arizona that cite State v. Perez, 687 P.2d 1214.
- State v. Havatone Ariz. Ct. App. Div. 1 2015
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State v. Havatone
Ariz. Ct. App. Div. 1 2015
We will not disturb a trial court’s ruling on a motion to suppress absent a clear abuse of discretion, Spears, 184 Ariz. at 284, and will affirm the court’s ruling if it is legally correct for any reason
- State v. Jensen Ariz. Ct. App. Div. 1 2015
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State v. Jensen
Ariz. Ct. App. Div. 1 2015
¶10 A defendant is not entitled to a Willits instruction in a case like this – where a law enforcement officer has merely failed “to seek out and gain possession of potentially exculpatory evidence.” see also Murray, 184 Ariz. at 33, 906 4 P.2d 274 (1964).
- State v. Morrison Ariz. Ct. App. Div. 1 2015
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State v. Morrison
Ariz. Ct. App. Div. 1 2015
llits instruction is normally sufficient unless the state has acted in bad faith, when a piece of evidence is fundamental to a defendant’s case, it is not clear that the Willits instruction is enough.” ¶16 “[W]here evidence which might have tended to exonerate the defendant is destroyed while in the state’s possession, a defendant is entitled to a Willits instruction.”
- State v. Corrales Ariz. Ct. App. Div. 1 2015
- State v. Corrales Ariz. Ct. App. Div. 1 2015
- State of Arizona v. Homer Ray Roseberry 353 P.3d 847 Ariz. 2015
- State of Arizona v. Homer Ray Roseberry 353 P.3d 847 Ariz. 2015
- State of Arizona v. Michael Jonathon Carlson 351 P.3d 1079 Ariz. 2015
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State of Arizona v. Michael Jonathon Carlson
351 P.3d 1079
Ariz. 2015
We will “affirm the trial court’s ruling if the result was legally correct for any reason.”
- State v. Gonzales Ariz. Ct. App. Div. 1 2015
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State v. Gonzales
Ariz. Ct. App. Div. 1 2015
(recognizing this court will affirm if the ruling was correct for any reason, even if that reason was not considered by the superior court).
- State v. Pelton Ariz. Ct. App. Div. 1 2015
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State v. Pelton
Ariz. Ct. App. Div. 1 2015
(“We may affirm on any basis which is supported by the record.”); (“We are obliged to affirm the trial court’s ruling if the result was legally correct for any reason.”).
- State v. Bermudez Ariz. Ct. App. Div. 1 2014
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State v. Bermudez
Ariz. Ct. App. Div. 1 2014
d 787, 795 (2009) (observing that defendant did not demonstrate how missing evidence might have exonerated him or mitigated his participation in the crime); (noting there was “nothing except speculation” to suggest that license plate number of get-away vehicle, written on missing piece of paper, was not the defendant’s); (holding no abuse of discretion in denying Willits instruction where defendant “presented no evidence to support his assertion that had the [destroyed] videotape been presented
- State v. Knox Ariz. Ct. App. Div. 1 2014
- State v. Knox Ariz. Ct. App. Div. 1 2014
- State of Arizona v. Robert Charles Glissendorf 329 P.3d 1049 Ariz. 2014
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State of Arizona v. Robert Charles Glissendorf
329 P.3d 1049
Ariz. 2014
atedly upheld this approach, eventually fashioning a two-element test: “To be entitled to a Willits instruction, a defendant must prove that (1) the state failed to preserve material and reasonably accessible evidence that could have had a tendency to exonerate the accused, and (2) there was resulting prejudice.” ( ); ¶ 40
- State of Arizona v. Esgardo Javier Nevarez 329 P.3d 233 Ariz. Ct. App. Div. 2 2014
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State of Arizona v. Esgardo Javier Nevarez
329 P.3d 233
Ariz. Ct. App. Div. 2 2014
(appellate court may affirm trial court’s ruling if correct for any reason).
- Kost v. Aroc Ariz. Ct. App. Div. 1 2014
- Kost v. Aroc Ariz. Ct. App. Div. 1 2014
- State of Arizona v. Steven Ray Lopez 323 P.3d 1164 Ariz. Ct. App. Div. 2 2014
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State of Arizona v. Steven Ray Lopez
323 P.3d 1164
Ariz. Ct. App. Div. 2 2014
(appellate court obliged to affirm trial court’s ruling if result legally correct for any reason).
- State v. Warren Ariz. Ct. App. Div. 1 2014
- State v. Warren Ariz. Ct. App. Div. 1 2014
- State v. Morgan Ariz. Ct. App. Div. 1 2014
- State v. Morgan Ariz. Ct. App. Div. 1 2014
- State v. Montoya Ariz. Ct. App. Div. 1 2014
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State v. Montoya
Ariz. Ct. App. Div. 1 2014
(“We are obliged to affirm the trial court’s ruling if the result was legally correct for any reason.”).
- 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
and reasonably accessible,” as well as potentially useful for Glissendorf’s defense.
- State of Arizona v. James Lee Hess 290 P.3d 473 Ariz. Ct. App. Div. 2 2012
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State of Arizona v. James Lee Hess
290 P.3d 473
Ariz. Ct. App. Div. 2 2012
(appellate court will affirm trial court’s ruling if result legally correct for any reason).
- In Re U.S. CURRENCY IN THE AMOUNT OF $2,390 Ariz. Ct. App. Div. 2 2012
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In Re U.S. CURRENCY IN THE AMOUNT OF $2,390
Ariz. Ct. App. Div. 2 2012
See In re $315,900 U.S. Currency, -16, - 59 (App. 1995); (“We are obliged to affirm the trial court’s ruling if the result was legally correct for any 3 reason.”).
- State v. Aguilar 267 P.3d 1193 Ariz. Ct. App. Div. 1 2011
- State v. Aguilar 267 P.3d 1193 Ariz. Ct. App. Div. 1 2011
- State of Arizona v. Hesam Mohajerin Ariz. Ct. App. Div. 2 2010
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State of Arizona v. Hesam Mohajerin
Ariz. Ct. App. Div. 2 2010
(“We are obliged to affirm the trial court‟s ruling if the result was legally correct for any reason.”).
- State v. Dean 243 P.3d 1029 Ariz. Ct. App. Div. 1 2010
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State v. Dean
243 P.3d 1029
Ariz. Ct. App. Div. 1 2010
We are obliged to affirm the trial court’s ruling if the result was legally correct for any reason.”
- State v. Chavez 239 P.3d 761 Ariz. Ct. App. Div. 1 2010
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State v. Chavez
239 P.3d 761
Ariz. Ct. App. Div. 1 2010
“We are obliged to affirm the trial court’s ruling if the result was legally correct for any reason.”
- State v. Flores 188 P.3d 706 Ariz. Ct. App. Div. 1 2008
- State v. Flores 188 P.3d 706 Ariz. Ct. App. Div. 1 2008