¶1 Robert Eugene Allen, defendant, appeals his convictions for aggravated assault, misconduct involving weapons, and possession of marijuana, and the sentences imposed. For the reasons that follow, we affirm defendant's convictions and sentences for aggravated assault and misconduct involving weapons... ... ... As to defendant's conviction and sentence for possession of marijuana, we remand for further proceedings consistent with this Opinion... FACTUAL AND PROCEDURAL BACKGROUND... ¶2...  

¶1 Elizabeth Quintero ("Quintero"), widow to and personal representative of the estate of Luis Anaya Soto ("Soto"), appeals summary judgment in favor of Matthew and Jane Doe... ... ... Rodgers. For the following reasons, we affirm in part and reverse in part... FACTS AND PROCEDURAL HISTORY... ¶2 This appeal arose from an automobile accident that occurred when Matthew Rodgers' ("Rodgers") vehicle collided with another vehicle, which then collided with Soto's...  

¶1 The issue before us is whether the superior court erred in dismissing claims by appellants Transportation Infrastructure Moving Arizona's Economy and Thomas Ziemba (hereafter collectively referred to as "TIME") that the Secretary of State violated A.R.S. § 19-121.01 (2002) in her review of an initiative petition concerning the Arizona transportation system... I... A... ¶2 Our constitution reserves to the people the legislative power of initiative. Ariz. Const. art. 4,...  

¶1 This appeal arises out of a construction defect lawsuit filed by a condominium association against a general contractor, Appellee MT Builders, L.L.C., and others. In response to the association's claims against it, MT Builders sought indemnity from its subcontractors, including Appellant Fisher Roofing Inc., under what is known as a "narrow form" indemnity provision that restricted indemnity "to the extent" of the subcontractor's negligence. After MT Builders settled the...  

¶1 After a jury trial, Frank Sarullo was convicted of two counts of first-degree burglary and one count each of aggravated assault and theft. The trial court sentenced him to concurrent, presumptive prison terms, the longest of which was 10.5 years. On appeal, Sarullo raises several issues that he contends require the reversal of his convictions and sentences or entitle him to a new trial. For the reasons below, we affirm... Factual and Procedural Background... ¶2 We view the evidence...  

¶1 The State of Arizona appeals the trial court's ruling denying the victim's claim for restitution. The trial court denied the claim based on a finding that it lacked jurisdiction to order restitution because the judgment of guilt had been set aside under... ... ... Arizona Revised Statutes (A.R.S.) section 13-907 (Supp. 2006). For reasons that follow, we reverse and remand for further proceedings... FACTS AND PROCEDURAL HISTORY... ¶2 On September 27, 2004, Michael Zaputil (Zaputil)...  

¶1 South West Sand & Gravel, Inc. (South West) appeals from a grant of summary judgment on its taking and tort claims against the Central Arizona Water Conservation District (the District). Based on our decision in West Maricopa Combine, Inc. v. Arizona Department of Water Resources, 200 Ariz. 400, 26 P.3d 1171 (App. 2001), Arizona Revised Statutes (A.R.S.) section 45-173 (1994), and Arizona's historic encouragement of the full use of scarce water resources in our arid climate, we affirm...  

¶1 In this appeal from a natural life sentence imposed after a first-degree murder conviction, appellant Alvin Edward Williams argues that the trial court erred in not making... ... ... findings on the existence and balancing of aggravating and mitigating circumstances and that its failure to do so violated his state constitutional right to appeal. Finding no error, we affirm... Background... ¶2 In October 2000, a jury found Williams guilty of a first-degree murder committed in June...  

¶1 Gary Douglas Peek seeks review of a term of lifetime probation imposed upon his conviction for an act of attempted child molestation that occurred between 1994 and 1996. We conclude that lifetime probation was not available when Peek committed the crime and therefore vacate the trial court's order placing him on lifetime probation... I. FACTUAL AND PROCEDURAL BACKGROUND... ¶2 In 2003, pursuant to a plea agreement, Petitioner Peek pled guilty to two counts of attempted child...  

¶ 1 This case involves a contract providing that a surveyor's liability to its client for negligently performing work may not exceed the surveyor's fees. We hold that the liability-limitation clause is neither contrary to public policy nor subject to Arizona's constitutional requirement that the defense of assumption of risk always be submitted to a jury... FACTS AND PROCEDURAL HISTORY... ¶ 2 The WLB Group, Inc. ("WLB"), a surveying and engineering firm, entered a professional...  

¶1 This case requires us to decide if a defendant's claim that prior felony convictions from other jurisdictions are... ... ... legally insufficient for sentence enhancement purposes can be reviewed on appeal when he did not preserve the claim in the trial court. We hold that despite the lack of a timely objection, such a claim is reviewable for fundamental error... I... ¶2 A jury convicted Charles Eugene Smith of one count of theft of means of transportation, a class three felony,...  

¶1 We granted review to determine whether a felony... ... ... conviction resulting from an offense committed after the defendant committed the sentencing offense qualifies as a historical prior felony conviction under Arizona Revised Statutes (A.R.S.) section 13-604.W.2(a) (Supp. 2007). We hold that, for those felonies enumerated in § 13-604.W.2(a), conviction for the enhancing offense must occur before conviction for the sentencing offense, but the statute imposes no requirement as...  

¶1 Queen Creek Summit, L.L.C. and the other petitioners (collectively, "QCS") seek special action review of the superior court's denial of their motion for judgment as a matter of law and grant of the Town of Gilbert's ("Gilbert") Application for Immediate Possession. The superior court found that QCS failed to meet its burden of proving that Gilbert had improperly concluded that the public good of locating its pipeline through the middle of Canyon State Academy outweighed...  

¶1 Simon D. Chalpin ("Chalpin"), and Hi-Health Supermart Corporation ("Hi-Health") appeal from the trial court's dismissal of their aiding and abetting claim against J. Kevin Snyder ("Snyder") and his law firm, Robin, Kaplan, Miller & Ciresi, LLP ("Robin Kaplan"), pursuant to Arizona Rules of Civil Procedure 12(b)(6). Chalpin and Hi-Health also appeal from the trial court's entry of summary judgment in favor of Snyder and the law firm on their civil...  

¶1 Following a jury trial, appellant Luis Ortega was convicted of two counts each of sexual abuse of a minor under fifteen years of age, molestation of a child, and sexual conduct with a minor under fifteen, all dangerous crimes against children under A.R.S. § 136-04.01, and two counts of threatening or intimidating. The trial court sentenced him to a total of fifty-seven years in prison. On appeal, Ortega argues the charges in counts four and five, molestation of a child and sexual...  

¶1 Petitioners Hubert August Stummer and Dennis Allen Lumm were charged with violating Arizona Revised Statutes ("A.R.S.") section 13-1422 (2005), which forbids adult bookstores from remaining open during certain early morning hours. We have been asked to determine whether the hours of operation provision of § 13-1422 violates the free speech provision of the Arizona Constitution... I. FACTS AND PROCEDURAL HISTORY... ¶2 Petitioners operate adult-oriented businesses in...  

¶1 Following a bench trial in Lake Havasu City Municipal Court, James Papazian was found guilty of theft, criminal damage, and assault, all misdemeanors. The magistrate placed Papazian on probation for three years. Papazian thereafter filed a petition for post-conviction relief, in which he argued that the trial court failed to obtain a knowing, voluntary, and intelligent waiver of his right to jury trial. The municipal court denied the petition and Papazian requested review in the Mohave...  

¶1 In this appeal we interpret an exception to the Smoke-Free Arizona Act, Arizona Revised Statutes ("A.R.S") section 36-601.01 (Supp. 2007). We hold that a business which satisfies... ... ... the definition of a "retail tobacco store" under § 36-601.01(A)(10) qualifies for the statutory retail tobacco store exception to the smoking ban, even if the store also holds a liquor license and sells alcohol on its premises... FACTS AND PROCEDURAL HISTORY... ¶2 Appellant...  

¶1 In this wrongful death action, plaintiff/appellant Gloria Vasquez appeals from the trial court's grant of motions for summary judgment and dismissal of the complaint in favor of defendants/appellees Cochise County, the State of Arizona, and the Arizona Department of Public Safety (DPS). She contends the trial court erred in finding her notice of claim against the state insufficient under A.R.S. § 12-821.01(A) and in ruling that the county and state owed no duty to her. We agree in...  

¶1 Connie Wilhelm and others ("Wilhelm") challenged the petition form circulated by the Homeowners' Bill of Rights Committee ("proponents") in an action under Arizona Revised Statute ("A.R.S.") section 19-122(C) (2002). The petition proposed an initiative measure called the Homeowners' Bill of Rights. Wilhelm sought an order barring the Secretary of State from placing the measure on the 2008 general election ballot. After a hearing, a superior court judge rejected...