State v. Navarre

647 P.2d 178, 132 Ariz. 480, 1982 Ariz. LEXIS 212
CourtArizona Supreme Court
DecidedJune 10, 1982
DocketNo. 5343
StatusPublished
Cited by4 cases

This text of 647 P.2d 178 (State v. Navarre) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Navarre, 647 P.2d 178, 132 Ariz. 480, 1982 Ariz. LEXIS 212 (Ark. 1982).

Opinion

HAYS, Justice.

The Pinal County Grand Jury indicted appellant, Mark Claude Navarre, on one count of murder, two counts of kidnapping and one count each of burglary, aggravated assault, and unlawful use of means of transportation following the shooting death of his ex-wife. After a jury trial, appellant was found guilty of all charges and sentenced to life imprisonment without the possibility of parole for 25 years on the murder charge and terms of 10.5 years each for kidnapping and burglary, 7.5 years for aggravated assault and 1.5 years for unlawful use of means of transportation. All sentences were to run concurrently.

Appellant appealed the judgments of guilt and the sentences imposed on all [482]*482charges. We have jurisdiction pursuant to A.R.S. §§ 13-4031 and 13-4035.

Appellant admits he shot his ex-wife, Lois Navarre, but maintains that the shooting was not premeditated. Testimony elicited at trial indicates that appellant attempted reconciliation with his former spouse on numerous occasions but that she avoided seeing him, twice by seeking refuge at a neighbor’s house. On the evening of August 9, 1980, appellant went to the residence of his ex-wife to talk about their problems. He gained admittance by breaking the window in the kitchen door and unlocking it. Upon hearing him enter, Lois ran to her bedroom and shut the door. Appellant knocked open the bedroom door and forced Lois, who was wearing only a T-shirt and panties, and her son to walk outside to Lois’ car. Appellant ostensibly wanted to discuss the couple’s problems while driving around in the car. Prior to entering the vehicle, Lois broke into a run and headed for her neighbor’s house. Appellant ran after her. He claims he panicked and shot Lois three times in the neighbor’s carport. He then left in his former wife’s car, but voluntarily surrendered at the Casa Grande police station approximately two hours after the shooting. Lois Navarre later died from the gunshot wounds.

Appellant’s trial lasted four days. On the second day of trial the victim’s bloody T-shirt and panties were shown to the jury and admitted into evidence. The trial transcript for that day, however, is not available. The prosecution prepared a reconstruction of the record of the second day of trial pursuant to Arizona Rules of Criminal Procedure, rule 31.8(f).

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Cite This Page — Counsel Stack

Bluebook (online)
647 P.2d 178, 132 Ariz. 480, 1982 Ariz. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-navarre-ariz-1982.