No. 2 CA-CR 1907.

125 Ariz. 322 (1980)

609 P.2d 592

The STATE of Arizona, Appellee, v. Joe Mercedes VASQUEZ, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 26, 1980.

Review Denied April 15, 1980.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Lynn Hamilton, Asst. Attys. Gen., Phoenix, for appellee.

Richard S. Oseran, Pima County Public Defender by Barry J. Baker Sipe, Asst. Co. Public Defender, Tucson, for appellant.


HOWARD, Judge.

Appellant was found guilty by a jury of driving while under the influence of intoxicating liquor while his driver's license was suspended, revoked or refused. He contends the trial court committed fundamental error by failing, sua sponte, to instruct the jury that it had a duty to acquit the appellant if it found that the state had failed to carry its burden of proving him guilty beyond a reasonable doubt. We do not agree. The trial...

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