State v. Ontiveros
In State v. Ontiveros, 206 Ariz. 539, 81 P.3d 330 (App. 2003), the Court held that attempted second-degree murder is not a cognizable offense if the person does not intend or know that his conduct will cause death. Id.11.
The Court reasoned that a person who does not intend or know that his conduct will cause death cannot be said to have taken action "planned to culminate" in death. Id.10.
Attempted second-degree murder therefore requires either the intention or the knowledge that one's conduct will cause death to the victim. Id.
The Court held that there is no such offense as attempted second-degree murder in Arizona based solely "on knowing merely that one's conduct will cause serious physical injury." 206 Ariz. at 542, P 14, 81 P.3d at 332. In that case, we stated that "a person who does not intend or know that his conduct will cause death cannot be said to have taken action 'planned to culminate' in death." Id. at P 10.