STATE v. HARNEY

No. 2 CA-CR 2049.

128 Ariz. 355 (1981)

625 P.2d 944

The STATE of Arizona, Appellee, v. Wyman HARNEY, Appellant.

Court of Appeals of Arizona, Division 2.

January 29, 1981.


Attorney(s) appearing for the Case

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

Robert Duber, II, Globe, for appellant.


OPINION

HATHAWAY, Chief Judge.

Defendant was tried to a jury and found not guilty of aggravated assault and guilty of resisting arrest. He was sentenced to three years' probation. One term of probation was that defendant serve 12 months "flat time" in jail without credit for pretrial incarceration.

The questions raised on appeal are:

1. Does the evidence of defendant's intoxication preclude the finding that he acted "intentionally" as required...

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