State v. Enriquez
| Decision Date | 13 December 1968 |
| Docket Number | No. 1834,1834 |
| Citation | 448 P.2d 72,104 Ariz. 16 |
| Parties | STATE of Arizona, Appellee, v. Cornelio ENRIQUEZ, Appellant. |
| Court | Arizona Supreme Court |
Darrell F. Smith, then Atty. Gen., and Carl Waag, Asst. Atty. Gen., for appellee.
Vernon B. Croaff, Public Defender, Maricopa County, by Grant Laney, Deputy Public Defender, for appellant.
On June 16, 1966, two men, Vernon Gene Jones and Matthew Kisto, entered a Scottsdale jewelry store, forced the manager and clerk into the back room at gunpoint, and proceeded to rob the store of money and diamond rings. A sum of money was also taken from the clerk's purse. With the loot in a paper bag Jones and Kisto fled through a back door and headed down the alley behind the store. Shortly after the robbers exited a police officer entered the store, and after being apprised of the preceding events, gave chase down the alley. The officer observed Jones and Kisto leave the alley and get into a 1953 Ford. Cornelio Enriquez was in the driver's seat of the Ford, attempting to start the engine. The officer approached the car and placed all three men under arrest. Shortly after the arrest the car was searched and the stolen cash and jewelry recovered.
The three men were charged with two counts of robbery and one count of assault with a deadly weapon, and were convicted on all three counts. Enriquez was sentenced to ten to twelve years on each of the robbery counts and one to three years on the assault count, all sentenced to run concurrently. He now appeals.
As his first assignment of error Enriquez claims that he is being punished twice for the same act. A.R.S. § 13--1641 provides:
In State v. Westbrook, 79 Ariz. 116, 285 P.2d 161, 53 A.L.R.2d 619 (1954), we construed the above statute. In that case we concluded that where one act gives rise to criminal prosecution for two separate crimes, punishment for one crime bars punishment for the other only where the two crimes have identical components.
In State v. Hutton, 87 Ariz. 176, 349 P.2d 187 (1960), the defendant was convicted of burglary and grand theft. The charges were based on the act of breaking into a building and stealing a saddle. Defendant complained that he was receiving double punishment for one act. We upheld the convictions on both counts on the grounds that the two crimes have different components. The burglary was committed by merely breaking into the building with the intent to commit grand theft. To consummate theft the additional act of stealing was essential.
Robbery, A.R.S. § 13--641, and assault with a deadly weapon, A.R.S. § 13--249, differ significantly in their components in that robbery does not require the use of a deadly weapon. The fear or force...
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State v. Rhymes, 2108
...of assault with a deadly weapon then it follows as a matter of law he could not be guilty of robbery. We disagree. In State v. Enriquez, 104 Ariz. 16, 448 P.2d 72 (1968), we upheld the conviction of that defendant on charges of both robbery and assault with a deadly weapon. His first claim ......
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State v. Scarborough
...As we have stated: 'In the original appeal of Mays, supra, (State v. Mays, 105 Ariz. 47, 459 P.2d 307), we relied on State v. Enriquez, 104 Ariz. 16, 448 P.2d 72 (1969). Mendoza (State v. Mendoza, 107 Ariz. 51, 481 P.2d 844) overruled Enriquez with regard to the test to be applied in determ......
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...(1964); (two counts of obtaining money by false pretenses) 'The latest consideration of this question is contained in State v. Enriquez, 104 Ariz. 16, 448 P.2d 72 (1969) which holds the statute does not apply to charges of robbery and assault with a deadly 'This opinion relies upon language......