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STATE v. BOTTONI

No. 2 CA-CR 2331.

131 Ariz. 574 (1982)

643 P.2d 19

The STATE of Arizona, Appellee, v. Gregory Allan BOTTONI, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied March 16, 1982.

Review Denied March 30, 1982.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Diane M. Ramsey, Asst. Attys. Gen., Phoenix, for appellee.

Michael A. Blum, Tucson, for appellant.

OPINION

HATHAWAY, Judge.

Appellant was tried for first-degree murder, burglary in the first degree, endangerment and two counts of aggravated assault. He was convicted of endangerment, a misdemeanor, and acquitted on both counts of aggravated assault. The burglary and murder counts resulted in a hung jury. On his retrial on those two counts, the court instructed the jury as to felony murder, and he was convicted of second-degree murder.

Appellant contends...

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