State v. Barnes, 2
| Decision Date | 09 February 1989 |
| Docket Number | No. 2,CA-CR,2 |
| Parties | The STATE of Arizona, Appellee, v. Kenneth Wayne BARNES, aka Kenneth Taylor, aka "Roadrunner," Appellant. 88-0143. |
| Court | Arizona Court of Appeals |
Kenneth Wayne Barnes appeals his conviction for attempted manslaughter pursuant to A.R.S. §§ 13-1001 and 13-1103(A)(2) and the imposition of a presumptive six-year prison term. For the reasons stated below, we affirm.
Barnes's first two arguments center on the decision in State v. Adams, 155 Ariz. 117, 745 P.2d 175 (App.1987). Based on Adams, the trial court instructed the jury on attempted second-degree murder, deleting the language concerning reckless commission of the offense. The court refused to give Barnes's requested instruction on attempted negligent homicide, but did instruct on attempted manslaughter upon a sudden quarrel or heat of passion.
Barnes argues that there is no such crime as attempted heat of passion or sudden quarrel manslaughter because Adams excludes liability for all attempts committed with a mental state of "knowingly." Adams does not so hold. In that case, Division One of this court held that the offenses of attempted reckless manslaughter and attempted negligent homicide are not cognizable under Arizona laws because reckless and negligent states of mind are unintentional and attempt crimes require intentional, purposive conduct. 155 Ariz. at 120, 745 P.2d at 178. In Adams, the court noted that it was not deciding whether the offense of attempted heat of passion or sudden quarrel manslaughter exists in Arizona. 155 Ariz. at 119, n. 1, 745 P.2d at 177, n. 1.
When a defendant intentionally shoots a victim and knows that the shooting would cause death or serious physical injury, the knowing conduct is sufficient to convict him if the victim dies even if the defendant did not intend to kill. See A.R.S. § 13-1104(A)(2). Similarly, appellant's conviction for attempted heat of passion or sudden quarrel manslaughter based on his intentional, knowing conduct is also not prohibited. What must be "intentional" is the conduct, State v. Galan, 134 Ariz. 590, 658 P.2d 243 (App.1982), and that requirement is satisfied here. A person knows that shooting a person at close range with a rifle will...
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State v. Gutierrez
...of the jurisdictions weighing in on this question have specifically rejected the argument defendant makes. See State v. Barnes, 162 Ariz. 92, 93, 781 P.2d 69 (Ct.App.1989) (conviction for attempted heat-of-passion or sudden quarrel manslaughter based on intentional, knowing action to cause ......
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80 Hawai'i 27, State v. Holbron
...such offense as attempted manslaughter in Alabama since 'intent' and 'recklessness' are incompatible terms"); State v. Barnes, 162 Ariz. 92, 93, 781 P.2d 69, 70 (Ariz.Ct.App.1989); People v. Brito, 232 Cal.App.3d 316, 283 Cal.Rptr. 441, 443-44 (1991); People v. Hernandez, 44 Colo.App. 161, ......
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State v. Jernigan
...Norman, 580 P.2d 237, 240 (Utah 1978) overruled on other grounds by State v. Standiford, 769 P.2d 254 (Utah 1988); State v. Barnes, 162 Ariz. 92, 781 P.2d 69, 70 (Ct.App.1989); State v. Rainey, 154 N.C.App. 282, 574 S.E.2d 25, 30 (2002); Kauffman v. State, 729 So.2d 424, 425 (Fla.Dist.Ct.Ap......
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State v. Ruiz, 2 CA–CR 2013–0116.
...footnote that attempted manslaughter by heat of passion or sudden quarrel is a cognizable offense in Arizona, citing State v. Barnes, 162 Ariz. 92, 781 P.2d 69 (App.1989). A minor, passing reference without argument generally is insufficient. See State v. Bolton, 182 Ariz. 290, 298, 896 P.2......