OPINION
HAIRE, Presiding Judge.
The issue in this appeal is whether aggravated assault can be charged pursuant to A.R.S. § 13-1204(A)(5) when arguably the assaulted police officer was not engaged in any of his official duties as a police officer. The trial court concluded that the statute did not apply under such circumstances and granted defendant's motion to dismiss. The state has appealed from the dismissal, and this court has jurisdiction pursuant...
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