State v. Garcia

In State v. Garcia, 227 Ariz. 377, 379,9, 258 P.3d 195, 197 (App. 2011), the Court held that, by itself, a threat to kill the victim was insufficient evidence to prove that the threat was to cause physical injury using a deadly weapon or dangerous instrument, and thus insufficient to support a conviction under section (A)(1). See Garcia, 227 Ariz. at 381,16-18, 258 P.3d at 199. In finding the evidence insufficient, the Court rejected the state's argument that "a jury should be permitted to assume that because the victim's life was threatened the use of a deadly weapon or dangerous instrument may be inferred." Id. at 380-81,13-16, 258 P.3d at 198-99. In Garcia, the Court mentioned in a footnote that the weapons used in that case were not known to the victim's sister or cousin, who were the subjects of the extortion. 227 Ariz. at 381 n.5,17, 258 P.3d at 199 n.5.