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State v. Marty7/26/1990
ourt reversed. The court held that a defendant could be criminally responsible for the death of another who was the driver, if the defendant incited or encouraged the victim to participate in illegal conduct, and that conduct resulted in the victim's death. See also Henderson v. Kibbe, 431 U.S. 145, 97 S.Ct. 1730, 52 L.Ed.2d 203
(1977) (intervening act of speeding truck running over robbery victim, resulting in victim's death, does not extinguish defendant's responsibility for victim's death where defendant robbed victim and left him in the road).
As in Melcher, the defendant encouraged Nuanez to participate in illegal activity in a manner which included operation of a vehicle, resulting in Nuanez's death. Nuanez's decision to drive was not an independent act with which the defendant had no concern. It was an integral part of the continuation of the illegal activity. We hold that the evidence in the record was sufficient to establish that defendant's actions were the proximate cause of Nuanez's death.
FACTUAL BASIS TO ESTABLISH THE PRIOR CONVICTION
The defendant concedes in his reply brief that State v. Anderson, 160 Ariz. 412, 415, 773 P.2d 971, 974 (1989), held that "a prior conviction, which was not challenged in the trial court on the basis that it was an uncounseled conviction, is entitled to a presumption of regularity for purposes of sentence enhancement." Therefore, this argument was withdrawn by the reply brief.
Conclusion
The convictions and sentences are affirmed.
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