State v. Tinajero
In State v. Tinajero, 188 Ariz. 350, 935 P.2d 928 (App. 1997), the defendant struck one vehicle containing three passengers and was convicted of three counts of leaving the scene of an accident. 188 Ariz. at 352-53, 935 P.2d at 930-31.
Division One of this court vacated two of the convictions, finding there had only been one accident scene, regardless of the number of victims. Id. at 356, 935 P.2d at 934.
The court described the offense as "geographical." Id.
In State v. Tinajero, the defendant was convicted of six felony offenses arising from a fatal traffic accident. 188 Ariz. at 352, 935 P.2d at 930.
On appeal, the parties agreed that the trial court improperly considered the defendant's lack of remorse at sentencing. Id. at 357, 935 P.2d at 935.
Because the sentencing record did not "'clearly show that the trial court would have reached the same result even without consideration of the improper factor,'" the Court remanded for resentencing with an instruction that the court ignore any lack of remorse. Id.