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Criminal Law Keyed to Weaver
State v. Ramirez
Citation:
190 Ariz. 65, 945 P.2d 376 (Ct.App. 1997)Facts
David knocked on Ramirez’s girlfriend’s door, Ramirez opened the door and gave David an aggressive handshake, they struggled for a bit and then stopped. While they walked in Ramirez pressed a gun to the ribs of David and said “I could have took you out already.” Nothing else happened. A month later Ramirez saw who he thought to beDavid, but it was David’s brother who looks like David. Ramirez approached who he thought was David and shot him three times, killing him. Ramirez paused between the second and thirds shots. Ramirez said that the victim started it, but he did nothing. Ramirez also claims that the victim showed him a gun, but the victim did not have a gun.
At trial the only issue was premeditation. The instruction to the jury was that premeditation consists of the knowledge that they will kill and this knowledge existed long enough before the killing to permit reflection. The time must be longer than the mere time to form the knowledge. Finally, the instruction states that the time may be as instantaneous as successive thoughts in the mind.
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