No. 5102.

130 Ariz. 148 (1981)

634 P.2d 960

STATE of Arizona, Appellee, v. Gilbert GUTIERREZ, Appellant.

Supreme Court of Arizona, In Banc.

September 29, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen., William J. Schafer, III, Chief Counsel, Crim. Div., Phoenix, Bruce M. Ferg, Asst. Atty. Gen., Tucson, for appellee.

Ross P. Lee, Maricopa County Public Defender, J.D. Howe, Deputy Public Defender, Phoenix, for appellant.

GORDON, Justice:

Appellant Gilbert Gutierrez was convicted of aggravated assault in violation of A.R.S. § 13-1204. Because appellant committed the assault with a knife, a deadly weapon or dangerous instrument under A.R.S. § 13-1204(A)(2), the crime was a class 3 felony. The jury also found that this was an A.R.S. § 13-604(G) dangerous nature assault in that serious physical injury was intentionally or knowingly inflicted on the victim.


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