State v. Ramirez, 945 P.2d 376 (Ariz. 1997)

Facts: Ramirez had a confrontation with a man named David at his girlfriend's townhouse, threatening David with a gun. One month later, Ramirez encountered David's brother (who looked like David) approaching him, shook his hand, then suddenly drew a gun and shot the brother three times—pausing between the second and third shots. The trial court instructed the jury that premeditation could be "as instantaneous as successive thoughts in the mind," requiring only "the time required merely to form the knowledge that conduct will cause death."
Issue: Whether the trial court's instruction lowered the State's burden by allowing the jury to find premeditation based on time alone, without actual reflection.
Rule: Premeditation requires actual reflection—not just enough time during which ∆ might have reflected. An act cannot be both impulsive and premeditated.
Analysis: While "premeditation may be as instantaneous as successive thoughts in the mind," it is the fact of reflection, not the opportunity to reflect, that matters. The instruction misled the jury into thinking time alone sufficed. Because the evidence supported both impulsive and premeditated theories, the error may have changed the verdict.
Judgment: Reversed and remanded.

Reading: pp. 388–96. See First Degree Murder. Key takeaway: premeditation = actual reflection, however brief.