STATE v. GORDON

No. 4280-PR.

120 Ariz. 172 (1978)

584 P.2d 1163

STATE of Arizona, Appellee, v. Robert Allen GORDON, Appellant.

Supreme Court of Arizona, In Banc.

September 18, 1978.


Attorney(s) appearing for the Case

John A. LaSota, Jr., Atty. Gen., Phoenix, Stephen D. Neely, Pima County Atty. by D. Jesse Smith, Deputy County Atty., Tucson, for appellee.

John M. Neis, Pima County Public Defender by Michael P. Roca, Asst. Public Defender, Tucson, for appellant.


GORDON, Justice:

A jury found appellant Robert Allen Gordon guilty of assault with a deadly weapon. He appealed his conviction alleging that the state failed to prove an essential element of the crime. The Court of Appeals affirmed the judgment but vacated the sentence which had been imposed under the enhanced punishment provision of A.R.S. § 13-249(B). Pursuant to Rule 31.19, Rules of Criminal Procedure, 17 A.R.S., we accepted review of this case in order to...

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